B, with the knowledge that C is unable to engage in a loan transaction in a normal way due to low credit rating, he/she shall enter into a vehicle lease contract in his/her name and sell the vehicle to a third party, and then, on December 2, 2018, he/she was delivered a vehicle Emerti B in his/her name to the victim D by having C prepare a vehicle lease contract in his/her name by stating, “On the first day of December 2018, 2018, he/she would be naturally resolved the rental fee if he/she sees the sand of the president or the lease contract, and may create cash.”

Since then, the Defendant conspiredd to dispose of B and the above vehicle, and requested F to dispose of the vehicle around December 31, 2018, and the Defendant, B, and F connected the said vehicle to the G Apartment F’s residence on the homepage, which is a large-scale trading Internet site, and posted the said vehicle as a selling object. On January 1, 2019, the Defendant disposed of the said vehicle equivalent to KRW 103,272,727 of the market price owned by the victim at the parking lot near the Michuhol-gu Incheon Metropolitan City’s “Wean Station,” and received KRW 16 million in return for the payment.

Accordingly, the Defendant embezzled the property owned by the victim in collusion with B and F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning F and B;

1. Statement made to C and I by the police;

1. Application of Acts and subordinate statutes to investigation reports (B or F convictions);

1. Grounds for sentencing under Articles 355 (1) and 30 of the Criminal Act, applicable provisions to the facts constituting an offense and for the choice of punishment;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for not less than six months to two years (decision of a type): Embezzlement and Misappropriation for embezzlement and Misappropriation for a period of not less than 100 million won [Type 2], and less than 500 million won [Special Sentencing]: Reduction area of negative participation in crime [the scope of recommendation area and recommendation range], and imprisonment with prison labor.