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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant of the Gangseo-gu Seoul Metropolitan Government "2014 Highest 860" is a person engaged in the secondary and secondary trade brokerage as a middle and high sea with D belonging to the middle and high sea trading company in Gangseo-gu Seoul Metropolitan Government.
1. On June 10, 2013, the Defendant: (a) requested the victim E to sell the FMW car owned by the victim for KRW 35 million at a parking lot for the 14 new bank building support facilities in Seoul, Jung-gu, Seoul; and (b) received the delivery of the said car from the victim E at a request to sell the FMW car for KRW 35 million.
The Defendant decided to sell the said car to G, the representative of the said D, and received KRW 33 million from the said G on the 12th day of the same month, and embezzled the said car by consuming it with the mind of using it in the course of performing his duties while keeping the said car in custody for the victim.
2. On December 31, 2013, the Defendant was deposited KRW 8.4 million as the Defendant’s corporate bank account in order for the victim I to intermediate the sale and purchase of H’s used cars located in Ansan-si, and the victim received a loan of KRW 8.4 million from JBN Capital to use as the above purchase price for the said passenger car.
On January 1, 2014, the Defendant paid 500,000 won out of the above 8.4 million won to the seller, and embezzled the remainder of 7.9 million won to the seller while having been kept in custody for the victim for business purposes, while using it in mind for repaying his/her obligation.
3. On November 22, 2013, the Defendant deposited KRW 20 million as a corporate bank account of the Defendant’s company in the Dongyang Life Insurance Co., Ltd., Ltd., which was located in the Hanyang-dong “Haan Motor Vehicle Sales Complex” in the Hanyang-dong, the Defendant deposited KRW 20 million in the Defendant’s corporate bank account in order for the Defendant to use the Defendant as the purchase price for the said car.
The Defendant, around November 25, 2013, was in custody for the victim of the above KRW 20 million on or around November 25, 201, on his/her obligation.