A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 26, 2012, the Defendant received KRW 40 million from the victim C and D for the purchase of five tons of the vehicle, purchased the said vehicle, and completed the registration of the transfer of the ownership of the vehicle in the name of the Defendant.

While the Defendant kept the said vehicle in custody for the victims, on November 30, 2012, the Defendant offered the said vehicle as security to the said vehicle without the consent of the victims, and embezzled the said vehicle as property of the victims, without the consent of the victims, by borrowing KRW 26 million.

Summary of Evidence

1. Partial statement of the defendant (the purport that the defendant purchased a house together with the fact of crime and has received a loan as security);

1. Each legal statement of witness C and D;

1. Details of deposit and agreement on the application for a loan against security;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 355 (1) of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant provided a loan as a security without the consent of the victims while keeping the house created as investment funds invested by the victims, and used it for personal purposes. The criminal liability is not weak.

However, after the crime of this case was committed between the defendant and the victims, the sales contract was established and the defendant was the owner of the vehicle (the implementation of the above agreement is not proper, but it is a matter under civil law), the amount of damage is a relatively less than 26 million won, and other circumstances such as the relationship between the defendant and the victims, and the records of the defendant's crime are determined and sentenced as ordered.