A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

(E) On January 5, 2017, the Defendant entered into a contract with Hyundai Capital Co., Ltd. for 60 months from January 10, 2017 to January 10, 202, under which the Defendant would pay KRW 565,900 per month, and the Defendant received delivery of the said high other car and kept it for the victim.

The Defendant: (a) while keeping the said vehicle in custody on the foregoing grounds; (b) delivered it to F on March 2017 as a personal debt security; (c) did not pay rent on November 2017; (d) requested the victim’s employee to notify the termination of the lease agreement and to return the said vehicle by mail on January 9, 2018; and (e) did not return the said vehicle even though he/she knew of such fact around February 2018.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

2018 order 283

1. Statement by the defendant in court;

1. Complaint;

1. - Motor Vehicle Lease Contract, - Motor Vehicle Registration Register, - Influences for commercial exchange, consultation history

1. Investigation report (an investigation into F of a person subject to a warrant of search and inspection);

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations between witnesses G);

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 (which seems to have provided a vehicle as security, and the location of the vehicle is also identified), the degree of damage, the records of the crime, the circumstances after the crime, and other conditions of sentencing shall be determined in consideration of the reason for sentencing under Article 62(1) of the Criminal Act;

1. The Defendant, as the representative of H’s planning and agency business, is a person in charge of performing duties, and the victim I is a representative of J’s “J” and is engaged in leasing equipment for performing performance events.

On July 2015, the Defendant called “L” to the victim at the seat of the Cheongbuk-do and Chungcheongnam-si to exercise the “L” at K.