A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[Attachment] On December 28, 201, the Defendant was sentenced to a suspended sentence of six months of imprisonment for embezzlement at the Seoul Southern District Court on December 28, 201, and the judgment was finalized on January 5, 2012.

【Criminal Facts】

On December 2010, the Defendant used only KRW 53,801,40 as the rent for the said vehicle for the victim, and embezzled it for the victim by using only KRW 35,698,600 for personal debt, etc. at a non-specified place around that time when the Defendant paid the rent for the said vehicle and remitted it to the account of the victim at around March 22, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Lritten statements;

1. A list of ordinary deposits;

1. Previous records of judgment: The application of Acts and subordinate statutes to references to criminal records and investigation reports (a copy of judgment attached);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Defendant had a record of having been punished by imprisonment, etc. for the same kind of crime under the latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act, and in particular, even though a series of embezzlement of automobile sales proceeds around 2011, including the final and conclusive judgment, was repeated in the same manner as this case, the Defendant did not repay the damage.

Therefore, the sentence shall be imposed on the accused, and the sentence shall be imposed on the accused in consideration of each of the sentencing of the court 201 senior 3177 senior 201 senior 3177 (Embezzlement amounting to 21.5 million won, and 201 senior 5.10 senior 201 senior 201 senior 5.10 (Embezzlement amounting to 55.5 million won, imprisonment amounting to 10 months, and continuing the appellate court).