A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Punishment of the crime

On November 29, 2012, the Defendant entered into a lease agreement with the victim on the lease term of 60 months, deposit amount of 20,832,000 won, advance payment amount of 8,928,000 won, monthly lease amount of 2,880,100 won (payment on the 20th day of each month), and received the said benz vehicle from the office of the victim Miz Comprehensive Financial Securities Co., Ltd. of the third floor in Gangnam-gu Seoul, Seoul.

The Defendant, on May 9, 2013, while keeping benz vehicles under the said car facility lease agreement for the victim, provided the above vehicle as security at the market price of KRW 148,800,000,000, by taking out 35,000 from employees under the name failure of the credit business chain at the mutual infinite-dong, Seoyang-gu, Seoyang-gu, Young-gu, Seoul, the Defendant borrowed 35,00,000 from his/her employee under the mutual infinite name failure.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on loan transaction contracts;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Articles 32(1)3 and 25(3)4 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (see, e.g., Supreme Court Decision 2006Da15484, Apr. 2, 2006)