A defendant shall be punished by imprisonment for one year.

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 November 27, 2018, the Defendant entered into an operational lease agreement with the victim Company D and E to enter into an agreement on the operation lease agreement with the victim Company D to enter into between December 17, 2018 and November 15, 2023, to pay the monthly rent to the said Defendant for KRW 147,739,090, deposit 29,547,000, monthly rent 2,624,671 (Monthly 15,000), and at an interest rate of KRW 5.50,00 for the lease period from December 17, 2018 to November 15, 2023.

As above, the Defendant did not pay monthly rent for the above vehicle while keeping the vehicle for the victim company and did not comply with the request from G employees of the victim company for return of the leased vehicle due to the termination of the contract from August 21, 2019 to October 15, 2019 without justifiable grounds.

Accordingly, the Defendant embezzled vehicles of 147,739,090 won in the market value of the victim's possession on behalf of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint, a statement of H, an operation lease agreement, a financial application, a motor vehicle registration certificate, details of monthly installment payment, the register of motor vehicles, and content certification;

1. Application of the investigative report (the data to capture on-line vehicles to commit this case) and the investigation report (the confirmation of letters of refusal to return a vehicle) Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] Embezzlement/Misappropriation / [Type 2] 100 million won or more, 50 million won or less [Special Convicted Persons] - Reduction element: Reduction element (the scope of recommendation and recommendation range] mitigation range, 6 months to 2 years [No person who is a general person] (the grounds for suspension of execution of sentence].