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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On June 4, 2012, the Defendant was entrusted with the sale of fenz vehicles by selling one Fenz vehicle E at the victim’s used vehicle trading business office located in Gangnam-gu Seoul Metropolitan Government on June 4, 2012, and was consigned the said car on the same day.
Around June 2012, the Defendant: (a) while keeping the said benz vehicle that was sold for the victim; (b) arbitrarily lent the said benz vehicle to G by taking the said benz vehicle as security; (c) used the said benz vehicle to pay its liability; and (d) allowed the benz vehicle to enter the said benz vehicle in his name, who is the seat of G.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning police statements to E;
1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;