Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

1. On September 2016, the Defendant embezzled the above vehicle equivalent to KRW 19 million at the victim’s market price by receiving a request from the victim C in his/her B parking lot in his/her port, North Korea-Si, Mapo-gu, Mapo-si, and being kept for the victim after having discovered the heavy market price from the victim C. On September 2016, the Defendant: (a) received the payment of purchase price of KRW 2 million to the non-resident in his/her name on September 2016; and (b) embezzled the said vehicle at the market price of KRW 19 million

2. On March 6, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and on May 15, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act at the Daegu District Court on the ground of a violation of the Road Traffic Act.

On June 11, 2017, at around 05:49, the Defendant driven a G liquid car in the state of alcohol concentration of about 0.176% in blood without a driver’s license from about 1km section from around the E market to front road of the race city.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to C;

1. Application of the ledger of driver's licenses, reports on the occurrence of traffic accidents, actual survey records, ledger of driver's licenses and detailed records of vehicle parking, notification of the results of crackdown on drinking driving, field photographs, and the ledger of registration of automobiles to statutes;

1. Article 355(1) of the Criminal Act applicable to the crime (the point of embezzlement) and Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes need to be strictly punished for crimes that are highly likely to cause harm to another person’s life and body.

In the case of embezzlement.