A defendant shall be punished by imprisonment for one year.

The two vehicles (Nos. 16, 21), ASEAN8 (B) which have been seized.

Criminal facts

On February 20, 2019, the Defendant received KRW 330 million in cash borrowed from F, who is the president of the company D, the victim E, from G, the vice president of the company, according to the victim’s request.

While the Defendant kept the above money for the victim, he embezzled the above money by using it as the purchase price of cars after cutting off contact with the victim on his personal idea at around that time.

Summary of Evidence

1. The defendant's oral statement on the third trial of this court;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to F, E, G, H, and I;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to the accusation, specification of transactions, message details, money borrowed contracts, borrowed money, loan receipts, registration fees calculation statement on automobile transfer, automobile transfer registration certificate, bank account transaction details (C) and immigration status;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Articles 6 (1) and 3 of the Act on Special Cases concerning Confiscation and Restoration of Property Decomposed;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of recommending punishment according to the sentencing guidelines [the range of recommending punishment] [the range of recommending punishment], the scope of embezzlement and breach of trust [the type 2], the amount of 100 million won or more, the amount of less than 500 million won [the amount of mitigation], and the amount of aggravation where the amount of punishment is not reduced or a significant damage has been recovered: In the case of intentional concealment of criminal proceeds, the basic area [the scope of recommending punishment and recommending punishment], one year or three years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for one year and one year is remarkably divided, and the victim does not want the punishment of the defendant, and the defendant is the first offender, and the social relationship is clear, such as supporting his wife and children, is recognized.

However, the crime of this case is committed.