Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Defendant

A around 16:00 on July 24, 2016, at the 115-1 Nowon-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, received a request from the complainant C to undergo a regular inspection of the vehicle.

However, the Defendant, while driving the instant vehicle without undergoing a vehicle inspection, was requested by the complainant on August 22, 2016, but refused to return the vehicle and embezzled due to the absence of the vehicle at present.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement of witness E;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel’s assertion received the instant vehicle from C upon the request of E to keep and manage the instant vehicle, and C did not have the right to demand the return of the instant vehicle, and the Defendant attempted to immediately comply with the request to return the vehicle. As such, the Defendant’s act does not constitute embezzlement.

2. We examine the judgment, and C consistently agreed upon the request of the Defendant for a regular inspection of the vehicle on July 24, 2016 from the time when the accusation was prepared upon delegation from E to the time when he/she appeared in this court and testified. C requested the Defendant to return the vehicle of this case on several occasions, but C demanded the Defendant to return the vehicle of this case on several occasions, but the Defendant refused the return on the ground that it was in local or bad, and the Defendant sent C a text message to the effect that he/she would request C to request the amount of KRW 250,000 for inspection expenses on August 22, 2016, and C sent C on January 23, 2017.