On March 2016, the Defendant entered into a contract with the victim B, a motor vehicle exporter, to purchase one motor vehicle in the SP car and one automatically from the vehicle in the name of the Defendant, a company, and the one from the vehicle in the name of the Defendant.

Accordingly, on March 23, 2016, the victim deposited KRW 10,990,410 on the GMF Motor Vehicle Co., Ltd. and KRW 9,424,800 on March 28, 2016, respectively. The Defendant was handed over one motor vehicle from the GMF Motor Vehicle Co., Ltd. on March 25, 2016, and the Defendant was handed over one motor vehicle from the automated motor vehicle on March 28, 2016.

While the Defendant kept two motor vehicles for the victim, on March 2016, sold two motor vehicles to those who are not able to know the name of two motor vehicles in a non-permanent place for a police officer in order to transfer two motor vehicles to 20,400,000 won, and then completed the ownership transfer registration accordingly.

The Defendant embezzled the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the police statement B; and

1. Details of deposit and withdrawal transactions, and application of the statutes on a copy of passbook;

1. In light of the fact that the defendant's reason for sentencing of Article 355 (1) (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning criminal facts does not appear to have the intent to compensate for damage even though he/she arbitrarily embezzled property according to his/her needs.