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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On September 30, 2015, the Defendant, who was delegated by U.S. U.S. car dealer, was engaged in the used car sales business. On September 30, 2015, the Defendant embezzled KRW 15,500,000,000,000,000,000,000 from the Defendant’s personal debt and living expenses, etc. at the U.S. branch located in MMM Incheon, Seo-gu, Incheon, Seo-gu, Incheon, for the victim company.
2. On October 1, 2015, the Defendant embezzled KRW 34 million by voluntarily consuming the Defendant’s personal debt, living expenses, etc. from the Incheon City daily members, while receiving KRW 34 million from the victim’s company to transfer the purchase price of the vehicle A5 vehicle from the victim company, and was kept for the victim company.
3. On October 2, 2015, the Defendant released CM vehicles owned by the victim company at the U.S. branch of U.S. Incheon, and kept them for the purpose of maintaining the victim company, the Defendant received and sold 15 million won from the U.S. Incheon daily members of the city of Incheon, and embezzled the Defendant’s vehicle of 15 million won at the market price by voluntarily consuming 13.7 million won out of the purchase price as the Defendant’s personal debt and living expenses.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 355 of the Criminal Act and Article 355 (1) of the Criminal Act and the choice of imprisonment for the crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Application of the sentencing criteria [type determination] Type 1 (less than KRW 100 million) (the scope of the recommended punishment] from April to April 1;
2. Determination of sentence: The fact that the defendant in June reflects the crime of this case, that the victim deposited 10,000,000 won, and that there is no record of punishment exceeding the fine.