A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From June 14, 2007 to November 12, 2007, the Defendant invested KRW 300,000,000 from the victim C, and arranged used cars trading business in which the Defendant used to operate used cars, and purchased it with investment money from the victim and entrusted the sale of used cars not sold. Therefore, the Defendant was engaged in the business of selling the consigned used cars and managing the purchase price of the cars.

On November 2007, the Defendant, at the Kimhae-si, sold in total 73,640,000 won the 6th of the 73,640,000 won for the victim and embezzled the sales proceeds as money for betting in the bicycle track around that time, while selling the 6th of the 73,640,000 won for the victim, which was entrusted by the victim for sale.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of statutes on the current status of inventory vehicles prepared by the defendant, and copies of the card for sales proceeds;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Articles 356 and 355 (1) of the Criminal Act for the choice of criminal facts;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (100 million won) basic area (4 to one year and four months) (4 months); and

2. The decision of sentencing was made by the Defendant, and there was no previous conviction of the same kind of imprisonment or the suspension of the execution of imprisonment, and the amount of damage was 73,640,000, and no efforts have been made to recover it for a long time. In full view of the various circumstances, including the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, criminal records, and the circumstances after the instant crime, the sentence as set forth in the Disposition shall be determined.