A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person operating “B”, a vehicle repair company located in Bupyeong-si.

1. The Defendant: (a) on November 2015, 2015, the Defendant: (b) was entrusted with sale by the victim D’s “B” office located in Bupyeong-si; and (c) sold via the Plaintiff’s company F; (b) around that time, the Defendant received KRW 13 million, excluding vehicle transfer expenses, brokerage fees, etc.; and (c) was kept in custody of F for the victim; (d) on February 2016, the Defendant owned monetary claims equivalent to KRW 21 million against the Defendant on behalf of the victim.

F demanded the Defendant to discharge the obligation, and around that time, F arbitrarily allowed F to set off the amount of set-off within the same amount as that of the claim for refund of the sale price of the rocketing to F, and embezzled the equivalent amount.

2. The embezzlement of proceeds from the sale of re-scheduled fish is carried out by the Defendant, at the places specified in paragraph (1) around January 2016, who was entrusted with the sale by the said damaged person, and the same year.

5. After the sale of around 17.17. After receiving the purchase price of KRW 31 million from the Defendant’s account to transfer the money to the Defendant’s account, the said amount was arbitrarily consumed for the purpose of private debt repayment, etc. and embezzled the amount of KRW 27 million among the said money.

Summary of Evidence

1. Statement by the defendant in court;

1. F or D statements concerning the suspect interrogation protocol (list 4) of the defendant against the defendant;

1. Statement made by the police against D (List 7);

1. Application of Acts and subordinate statutes to a full statement of transactions (list 5), a fair deed (list 8), a separate sheet (list 9), a motor vehicle registration certificate (list 10);

1. The punishment provided for in Article 355 (1) of the Criminal Act, Articles 355 (1) of the said Act and the choice of punishment for the crime;

1. In the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes (no confession, reflectivity, nor criminal record of the same kind), the circumstances unfavorable to the defendant (no effort is made to recover damage even though the amount of damage was considerably high as KRW 40 million) and other crimes committed by the defendant, such as the defendant's age, sex, living environment, and crime.