Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On November 3, 2011, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on March 26, 2012, and the said judgment became final and conclusive on March 26, 2012, and on April 20, 2012, the same court was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (competence) and became final and conclusive on February 14

On May 17, 2011, at around 14:00, the Defendant: (a) sought one vehicle from the victim D at the ‘Cca shop' located in the Seo-gu Busan Metropolitan City, Seo-gu, Busan Metropolitan City; and (b) received KRW 1.5 million as the vehicle price.

The defendant kept 1.5 million won of the above vehicle for the victim, and used it for personal purposes such as repayment of the defendant's debt of the borrowed money around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Before ruling: Application of the defendant's legal statement, criminal records, and each copy of the judgment to statutes;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although Article 334(1) of the Criminal Procedure Act provides an opportunity to agree on the application of the law of the provisional payment order, the damage was not restored at all.