While the Defendant was engaged in the secondary sales business with the trade name “D” in the Suwon-si Line B Building C, the Defendant, around December 14, 2018, intended to register the transfer of the name of the vehicle in the name of the Defendant with respect to the medium-sized Franchising vehicle owned by the victim E, which belongs to the above store, and keep the vehicle in the above store parking lot until the vehicle is sold. On May 3, 2019, the Defendant decided to register the transfer of the vehicle in the name of the Defendant with respect to the G Car project owned by the victim and keep the vehicle in the above store parking lot until the vehicle is sold.

1. Around May 3, 2019, the Defendant, as seen above, set up a mortgage, around March 26, 2019, in order to obtain a loan of KRW 4.7 million from H, a stock company around March 26, 2019, and to secure the obligation for the loan, the Defendant created a mortgage at the same vehicle as the mortgagee, H, and the claim amounting to KRW 4.7 million.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. Around May 9, 2019, the Defendant, as seen above, was in custody for the victim of the G Kawn vehicle, set up a mortgage on the said vehicle as the mortgagee on the same day in order to obtain a loan of KRW 22.2 million from the I Co., Ltd. on May 3, 2019 and to secure the obligation for the loan.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each copy of E;

1. Investigative reports (to hear statements from victims);

1. Details of usage fees, such as parking lots, registration certificates, and account transfer;

1. Application of Acts and subordinate statutes to the written complaint (including the confirmation of the attached facts and a statement of failure, etc.);

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.