횡령
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
The Defendant: (a) around 17:00 on June 29, 2012, within D located in Kimpo-si, Gyeonggi-do, Kimpo-si; (b) around 17:00, the victim E sells the F Spo-type vehicle at KRW 24.9 million at the market price owned by the victim; and (c) received the said vehicle from the victim E.
On July 6, 2012, the Defendant sold the above vehicle to G, received KRW 2215,00 from the sales proceeds, and stored for the victim, and embezzled it at will by using the Defendant’s debt repayment, etc. around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. According to the pertinent legal provisions on criminal facts, Article 355(1) of the Criminal Act, the sentencing guidelines for sentencing choice of imprisonment, and the sentencing guidelines for sentencing, the defendant is recommended to be sentenced to imprisonment for four months or one year and four months (not to be subject to special punishment). The instant crime is an offense committed using trust in the middle and high sale of automobiles, and most of the damage caused by a crime has not been recovered, taking into account the sentencing factors disadvantageous to the defendant, and taking into account the fact that the defendant is against the defendant, as the grounds for sentencing favorable to the defendant.
Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.