On October 20, 2013, the Defendant: (a) at the Z Credit Business Office in Gyeyang-gu, Seoyang-gu, Y in the Gyeonggi-gu, Gyeonggi-gu, the Defendant called “AB-owned AB-owned AB-owned AB-owned AB-owned AB-related vehicle will be repaid with money as collateral and returned without money; and (b) received the AB-related vehicle from the victim.”

While the Defendant kept the said car on behalf of the victim, he/she voluntarily sold the car to the injured party despite his/her obligation to return the loan to the injured party.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of AA;

1. A complaint;

1. Application of Acts and subordinate statutes on motor vehicle registration certificates;

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

1. Reasons for the sentencing of selective sentence of imprisonment [Determination of types] Embezzlement Types 1 (100 million won) [Special Convicts] - Where the mitigated elements are not punishable, or significant damage has been recovered, [Determination of the recommended area] mitigated area / [Scope of recommendations] 1 to 10 months [where the mitigated elements are not occupational embezzlement and breach of trust, the scope of punishment] serious reflects [Scope of applicable provisions] applicable provisions: 1 to 5 months [Determination of sentence] under Article 355 (1) of the Criminal Act