The Defendant was a person who used to sell used cars under the trade name of “D” in Seojin-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City.

On August 23, 2015, the Defendant: (a) arranged a contract to sell used cars for the purpose of taking over KRW 126 million to E buses owned by the victim (or U.S. tourist operator) from the said trading company at the end of the said trading company; (b) and (c) embezzled KRW 126 million in total on the following day and September 2, 2015 from the victim company for the purpose of paying debts and paying taxes from around September 25, 2015, while receiving transfer of KRW 126 million in total to the Nong Bank account in the name of F, which is a D employee of the Defendant’s operation, for the purpose of the victim company, from around that time to September 25, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement of the police statement related to G;

1. Investigation reports (related to the details of deposits made by suspects) and the application of Acts and subordinate statutes on deposit transactions;

1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of applicable sentences under law: From January to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be 1 year to 3 years. There is no type 2 (at least KRW 100 million, less than KRW 500 million) (the amount of punishment for embezzlement) (the amount of special sentencing].

3. In light of the fact that the amount of embezzlement determined by the sentence is large of KRW 126 million and most of the damage, excluding KRW 10 million, is not recovered, and that the Defendant embezzled the purchase price received from the purchaser by using the buyer’s full repayment of his/her obligation, etc. as a intermediary for used bus trade, the degree of violation of the new sentence should be imposed on the Defendant.

Determinations shall be made.

The disposition shall be made in consideration of all kinds of sentencing conditions, such as the fact that the defendant has no record of punishment exceeding the same kind and fine, the fact that the defendant commits a mistake, and the character, character, environment and family relations of the defendant.