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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On May 7, 2020, the Defendant was sentenced to four years of imprisonment with prison labor by the Incheon District Court for occupational embezzlement, etc., and the said judgment became final and conclusive on September 28, 2020.
【Criminal Facts】 The Defendant was employed as an employee of Company B (hereinafter “B”) from December 2017 to work as the Incheon Branch, and C is the representative director of Company B, and D is the representative director of Company E (hereinafter “E”).
C and D have operated a company in such a way as to supplement the deficient quantity by requesting the other party to lend a vehicle to a company operated by each party if the vehicle is insufficient, and the defendant, as the head of Incheon Branch, has been operating the company in accordance with the operation method as set forth in C and D as the head of Incheon Branch of the company B, has been using the vehicle necessary for rental car operations from the above company.
On April 21, 2019, the Defendant introduced the Victim H as E employee at G coffee shop located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, to the effect that “The Defendant would return the security deposit upon the expiration of the period to the Defendant’s transfer the I K7 car under the name of E to the Defendant of KRW 20 million and KRW 3.6 million ( KRW 150,000,000,000, KRW 150,000, KRW X24).”
However, there was a dispute between the above IK7 car, etc., which the defendant had been under custody between the above D and C, and the defendant raised a complaint to the effect that he embezzled the above vehicle around August 10, 2018, which was prior to the conclusion of the siren contract, and the above IK7 car also was registered with the order to stop the operation of the vehicle as of August 10, 2018, so it is difficult for the defendant to give the above IK7 car normally to the victim because it was difficult for the above IK7 car as of August 10, 2018, so even if the victim received the deposit from the victim, it is unclear whether it is possible to return the deposit to the victim, and if the victim was aware of this situation, the above money was paid to the defendant.