횡령
A person shall be punished by imprisonment with prison labor for not less than two months and for not more than four months for the crimes of No. 2 of the judgment of the court below.
Punishment of the crime
On June 28, 2012, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Central District Court for a violation of the Road Traffic Act (unlicensed Driving), and the judgment became final and conclusive on July 6, 2012.
1. Around February 4, 2012, the Defendant, at the victim C’s house located in Gwangju-si, 109-202, sold E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E., E., E. E., E., and received delivery from the victim.
On May 24, 2012, the Defendant sold the said vehicle to a person who has no name, at the Gangseo-gu Seoul Metropolitan Government FF Motor Vehicle Trading Complex, and kept the said vehicle for the victim, with the exception of 1 million won paid in advance as down payment, excluding 1 million won paid in advance to the victim, and used it at his/her own discretion as operating expenses around that time.
Accordingly, the defendant embezzled the victim's property.
2. Around June 15, 2012, the Defendant’s embezzlement against the Victim G (2012 Highest 1342) (hereinafter referred to as the “Defendant”) sold the Victim G Jinnaton car at the front of the “I” coffee shop located in Gangnam-gu Seoul, Seoul, to 23 million won, and was issued the said car by the victim.
While the Defendant kept the said car for the victim, from July 16, 2012 to August 18, 2012, the Defendant sold the said car to the person under the name of the non-party in Seoul, Gangnam-gu to 21 million won, and used the said car arbitrarily as operating expenses of the store operated by the Defendant around that time.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
[Fact 1]
1. Statement of the accused in the third protocol of trial;
1. C Witness’s testimony;
1. Statement to C by the police;
1. A contract, the register of automobiles (A);
1. An investigation report (attached to details of transactions in accounts of corporate bank accounts in A name);
1. Previous records of judgment: Criminal history records, etc. inquiry report, previous records of disposition, results of confirmation, investigation report (prior records and confirmation of the period of suspension of execution of sentence invalidated) (the fact of subparagraph 2 at the time of sale);
1. Statement of the accused in the second protocol of trial;