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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On May 30, 2013, the Defendant, at the vicinity of the victim C’s residence located in Bupyeong-gu, Seocheon-gu, Seoul, refused to return the said vehicle without justifiable grounds despite the victim’s explicit request that “DK7 car be sold at KRW 20 million,” and did not take any measures for consignment sale while having been kept for the victim upon the request of the victim.” In addition, the Defendant, even though he received from the victim several times from August 2013, he/she refused to return the vehicle without justifiable grounds.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. Statement to C by the police;
1. Investigation report (E-Visits verification);
1. Application of the law in the register of automobiles such as Kakao Kakao Stockholm photographs;
1. Relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, grounds for sentencing of sentence [decision of types] Embezzlement Embezzlement Embezzlement 1 (100 million won] Basic Field (decision of the recommended field] - Where the mitigation element is not an occupational embezzlement or breach of trust - Where the crime is not an occupational embezzlement or breach of trust - Where the crime is an aggravated element - [whether to suspend the execution of imprisonment] - Where the crime is an aggravated element - Where the crime is a principal reason for the crime of embezzlement - negative non-agreement - Where the crime of this case is committed on more than two occasions: not less than two occasions, the crime of this case has been committed before the suspension of the execution of sentence, and has not been committed seriously [decision of the sentence]
Although the current period of probation has expired, in consideration of the purpose of probation, more severe punishment should be sentenced to the defendant who has escaped during the trial for the purpose of the probation.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.