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Defendants shall be punished by a fine of KRW 500,000.
If the Defendants did not pay the above fine, 50.
Reasons
Punishment of the crime
1. Around May 2009, Defendant B purchased C tourist buses from the victim Mwegian Tourism Co., Ltd. for KRW 70 million, and paid KRW 60 million in the name of contract deposit, and embezzled the above tourist buses owned by the victim company at will by selling them at KRW 4,00,000,000,000 per month during the heat month to D and E, and by selling them at will, around December 28, 2010, when the victim company was entering and operating the said tourist buses to the victim company, due to the insolvency of the victim company, the creditor is likely to exercise the mortgage, etc. on the above buses.
2. A around April 2010, Defendant A purchased G 25 passenger cars from F Tourism to KRW 28 million, and decided to enter this into the victim Mwewa Tourism Co., Ltd. and transferred ownership to Mwewewa.
On January 3, 2011, while the Defendant was driving the said vehicle in the victim company, the Defendant arbitrarily sold the said vehicle to automobile dealer D and E, which is owned by the victim company, in front of the Seocho-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, and where its creditors are likely to exercise the mortgage, etc. on the said bus due to the crisis of the victim company, and embezzled it.
Summary of Evidence
1. Defendants’ legal statement
1. Each protocol of suspect examination of H, D, or E by the prosecution;
1. A protocol of suspect examination of the police officer regarding I;
1. Each police statement concerning J, K, and L;
1. Application of the register of automobiles, recording notes and legislation
1. Relevant Article 355 (1) of the Criminal Act concerning facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;
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;