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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On April 7, 2012, the Defendant: (a) requested that the victim B “C provide any liquid vehicle as security, and borrow 7.2 million won and borrow 7.2 million won and lend 7.2 million won to C for 15 days; and (b) lent 7.2 million won and 7.2 million won to the victim.”
Since then, the Defendant received KRW 3.4 million from C on May 3, 2012, and returned the said vehicle to the victim on or around May 4, 2012, and embezzled the said vehicle by arbitrarily consuming the said KRW 7.4 million on or around May 3, 2012 while keeping the said vehicle for the victim, while having kept the vehicle upon the request of the victim that he/she stored the vehicle in custody.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused (including B statement section);
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to an additional complaint and a statement of account transactions;
1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;