A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant, as a sales member of the Victim D Co., Ltd., Ltd., which was operated by C from November 2017 to February 2018, engaged in the vehicle sales business.

1. Around 17:00 on February 20, 2018, the Defendant, at the first floor parking lot of the building underground in Gangseo-gu Seoul Metropolitan Government, sold one Frost cruise cruise car owned by the victim company, and transferred the purchase price of KRW 16.9 million to a single bank account in the name of the Defendant to the victim company, and used it for the victim company. At around that time, the Defendant arbitrarily invested in the stock gift and consumed it.

2. Around February 15:00 on February 23, 2018, the Defendant: (a) sold one passenger car owned by the victim company in Gangseo-gu Seoul Metropolitan Government, and (b) sold one passenger car owned by the victim company in the entire B, and (c) transferred the purchase price of KRW 3.8 million from the purchaser to the above account under the Defendant’s name for the victim company, and used it on investment in the gift of stocks at his own discretion around that time.

Accordingly, the Defendant arbitrarily consumed and embezzled the total amount of KRW 20,70,000 for the victim company, while on duty, on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Application of each register of automobiles statutes;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Occupational Embezzlement) (Occupational Embezzlement) (Occupational Embezzlement). Embezzlement/Misappropriation (Type 1) (No person in charge of embezzlement/Misappropriation) less than KRW 100 million (no person in charge of special punishment) (the scope of recommendations and recommendations), the basic field of crime (the scope of recommendations and recommendations), and April through April 14 months;

B. Class 2 (Occupational Embezzlement) (Occupational Embezzlement) is a crime of embezzlement or breach of trust (Type 1). The amount of embezzlement or breach of trust is less than KRW 100 million.