A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 536] The Defendant was a business member of same-sexs, a company that sells BMW vehicles (hereinafter “same-sexs”).

On November 30, 2015, the Defendant: (a) prepared a motor vehicle transaction agreement for the victim D and BM-7 motor vehicles in the north-gu B at the port of port; and (b) received delegation from the victim on December 24, 2015 to pay to same-sexs; (c) received transfer of KRW 8,35,500 to the new bank account in the name of the Defendant under the name of the Defendant as contract deposit; and (d) received KRW 7,00,000,000 in cash and kept KRW 15,35,500 in total.

The Defendant embezzled money in custody as above by arbitrarily using the same-sexs such as deposit in the same-sexs with the same-sexs deposit that he had not paid to the same-sexs around that time.

[2016 Highest 817] The Defendant was a business member of same-sexs (hereinafter “same-sexs”) who sells BMW vehicles.

On February 24, 2016, the Defendant was requested to purchase BMW 520D and transferred 4 million won to a new bank account under the name of the Defendant for the same day as the down payment and embezzled for the victim at a place that cannot be seen from around February 24, 2016, by using 4 million won for a personal purpose, such as repayment of the purchase price for cars by other customers who had been borne by the Defendant in same-sexs.

Summary of Evidence

[2016 Highest 536]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a motor vehicle transaction contract, inquiry about details of account transactions, mobile phone photographing photographs (2016 highest 817);

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and departure;

1. Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims D with heavy circumstances)

1. Article 62 of the Criminal Act: