A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 2, 2013, the Defendant was entrusted by the Victim B with the custody of the C Personnel Transport Vehicle (the market price of KRW 14,700,000) owned by the Defendant and kept it for the victim. On January 2, 2014, the Defendant offered the said vehicle to D at his own discretion upon request by the Police Officer D to provide it as a security for lending bonds.

In this way, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Automobile register;

1. Application of Acts and subordinate statutes to a prosecution investigation report (verification of the height of a vehicle in a case);

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act: (a) of the Act on the Suspension of Execution [type of crime] - Type 1 of the embezzlement crime group - the reduced element of the amount of profit of less than 100,000,00 won (specially punished) - the mitigated element of the punishment [limited area and the scope of the punishment] - the reduced range of imprisonment [decision of sentence] - 1 year of the suspended sentence of April 10 (the decision of sentence] - the defendant recognized his mistake for 4 months, the defendant agreed with the victim, and the defendant had no criminal record exceeding