업무상횡령
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On July 17, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months and two years of suspension of execution for the crime of attempted fire-prevention at the Suwon District Court’s Eunpyeong Housing Site, and the said judgment became final and conclusive on July 25, 2013.
【Criminal Facts】
The Defendant, from April 2009, has been engaged in the management of automobile sales and sales proceeds as the motor vehicle with the “E” in Pyeongtaek-si D.
On February 14, 2013, the Defendant was commissioned from the Victim F to a consignment sale of the Genz500S car owned by the Victim F at the office of the said trading company, and around March 18, 2013, the Defendant sold the said car to the 24 million won and deducted one million won from the commission. On March 18, 2013, the Defendant used the said 23 million won at will for the purchase of used cars at around that time.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement of H;
1. A copy of a motor vehicle transfer certificate;
1. Previous records: Criminal records and application of statutes governing judgment;
1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Determination on the application of sentencing guidelines for sentencing of Article 62-2 of the Criminal Act on probation and community service order: The scope of recommending sentencing guidelines for applicable O: consideration of all the general circumstances, including the case where a judgment is rendered concurrently with a case where a judgment of directors in the basic area (4 to 14 months) is rendered concurrently with a case where the basic area (4 to 100 million won) becomes final and conclusive, equity with the case where