Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 21, 2017, the Defendant entered into a contract for automobile facility leasing (lease) with respect to C'Masibl S Q4's automobile (vehicle price of KRW 139,900,000) owned by the Victim B Co., Ltd. on August 21, 2017, the Defendant received and kept the said automobile under the condition that he/she shall pay rent of KRW 2,257,750 each month for 60 months from August 28, 2017 to August 27, 2022.

In this regard, the Defendant did not pay rent after October 27, 2019 and did not return the motor vehicle in Pyeongtaek-si D, which was requested by the victim company to return the motor vehicle with the notice of termination of the facility leasing contract, and with the cell phone, even though it was requested by the victim company to return the motor vehicle as well as the notice of termination of the facility leasing contract.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. The defendant's statutory statement, notice of termination of the contract, or automobile lease contract;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355(1) of the Criminal Act concerning criminal facts, the choice of a fine (including the fact that there are some circumstances that may be taken into account the developments leading up to failure to return the vehicle, the recovery of the vehicle, and the fact that the company has agreed with the victimized company);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;