A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 22, 2014, the Defendant purchased a CNS car at the Hyundai Motor Vehicle Busan Metropolitan Area located in 211-8, the Defendant entered into a lease agreement with the Defendant, the owner of the vehicle, and the lessee as the victim of the said car, whereby the lessee is the Defendant, the owner of the vehicle, and the lessee as to the said car. The Defendant was handed over the said NAS car after entering into the lease agreement with the lessee, between the Defendant, the owner of the vehicle, and the lessee.

While the Defendant kept and used the said car in accordance with the above lease agreement, on August 2014, the Defendant borrowed 10 million won from D to the victim with a total of four lease fees paid, and delivered the said car as security.

In this way, the defendant embezzled the above No. 47,00,000 No. 47,000 won at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes of the Motor Vehicle Lease Application, the motor vehicle register, and the High and High Already;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Type 1 (100 million won) in the mitigated area (one month to ten months), [Special Mitigation] in the case where the market price of the instant vehicle embezzled] is about about 47 million won, the Defendant paid four rent payments, the security deposit was about 1076 million, the vehicle in this case was recovered, the vehicle in this case was recovered, and the Defendant was divided into two parts, and the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character, work experience, environment, etc. as indicated in the oral argument in this case, and the sentence is determined as ordered.