A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On August 13, 2013, the Defendant was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at Seoul High Court on January 29, 2014, and the above judgment became final and conclusive on January 29, 2014, and since December 27, 2007, the Defendant is the representative director and the president of I Co., Ltd. I (hereinafter “I”) who exercises overall control over all the business affairs of the said

On June 5, 2008, the Defendant provided the victim J with 240 million won as a security for the loan, and entrusted the Defendant with one of the above Benz 550 (BRVS) passenger cars at the market price equivalent to KRW 100 million, 100 million at the market price, 1,550 (BRVS) passenger cars at the market price, 1,000,000 won at the market price, and 2 of the 20050 (BRVS) passenger cars at the market for the victim. On July 2010, the Defendant arbitrarily entrusted the Defendant with one of the above Benz 550 (BRVS) passenger cars at the market price.

Accordingly, the Defendant embezzled one car worth KRW 140 million in the market price.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The entry of part of the fifth protocol of the trial by K witnesses;

1. Statement made by the witness J in the sixth trial records;

1. Some of the suspect interrogation records of the prosecution against K;

1. Each prosecutor's protocol of statement against L, M, J, N, and K;

1. Statement to J police officers;

1. Inquiry into comprehensive customer information and integrated credit information;

1. A copy of the indictment for K;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (verification of the results of disposition of cases against the accused);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment);

1. The defendant and his defense counsel's assertion on the argument of the defendant and his defense counsel under the latter part of Article 37 and Article 39 (1) of the Criminal Code dealing with concurrent crimes shall obtain the consent of the victim at the time of commissioning the sale of the pertinent car, and the instant car is provided as security for transfer of loan obligation to the savings bank by the victim. The instant car is provided as security for transfer of loan obligation by