A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal records] On May 16, 2013, the Defendant was sentenced to four months of imprisonment with labor for a crime of violation of the Punishment of Violences, etc. Act (joint rapion) at the Kanyang Prison on September 16, 2013, and completed the execution of the sentence at Kanyang Prison on September 16, 2013.

[2] On July 28, 2015, the Defendant stated to the effect that “Around July 28, 2015, the Defendant borrowed money from a victim E, which shows that “AW car is leased only to a person who wants to use it, and return the difference.”

However, in fact, when the defendant borrowed a vehicle owned by the victim, he thought that he will use the vehicle as a security to another person, and did not think that he will return the BMW car to the victim according to the promise.

In the end, the Defendant deceiving the victim as above and acquired the FMW car with a market price of KRW 10 million equivalent to the market price owned by the victim from the victim.

The Defendant received 14 million won from the victim G to the community credit cooperative account in the name of the Defendant or H on November 4, 2014 when he/she received a request for the purchase of BMW from the victim G, and received 4 million won in total from the victim on November 20, 2014 to the same account. The Defendant received 4 million won from the victim on November 20, 201 to the same account.

While the Defendant kept the purchase fund of 18 million won for the victim, the Defendant voluntarily used it for personal use, such as living expenses and gambling funds around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. For previous convictions: "The inquiry about criminal history, investigation report (verification of the fact of release from a court), sentence, and confinement status of individual prisons";

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. "Investigation report (for recording recording of the contents of telephone by a victim), 2016 Height 514;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on filing of a complaint and account transactions;

1. Relevant Articles of the Act concerning the facts constituting the crime;