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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On October 20, 2013, the Defendant: (a) at the Z Credit Business Office in Gyeyang-gu, Seoyang-gu, Y in the Gyeonggi-gu, Gyeonggi-gu, the Defendant called “AB-owned AB-owned AB-owned AB-owned AB-owned AB-related vehicle will be repaid with money as collateral and returned without money; and (b) received the AB-related vehicle from the victim.”
While the Defendant kept the said car on behalf of the victim, he/she voluntarily sold the car to the injured party despite his/her obligation to return the loan to the injured party.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of AA;
1. A complaint;
1. Application of Acts and subordinate statutes on motor vehicle registration certificates;
1. Article 355 (1) of the Criminal Act applicable to the crime;
1. Reasons for the sentencing of selective sentence of imprisonment [Determination of types] Embezzlement Types 1 (100 million won) [Special Convicts] - Where the mitigated elements are not punishable, or significant damage has been recovered, [Determination of the recommended area] mitigated area / [Scope of recommendations] 1 to 10 months [where the mitigated elements are not occupational embezzlement and breach of trust, the scope of punishment] serious reflects [Scope of applicable provisions] applicable provisions: 1 to 5 months [Determination of sentence] under Article 355 (1) of the Criminal Act