Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, the two years each from the date this judgment becomes final and conclusive.

Punishment of the crime

around April 16, 2013, the Defendants conspired to sell the said car at the office of the victim enz Capital Co., Ltd. located in 235 as the distribution of Seocho-gu Seoul, on the condition that the amount equivalent to KRW 70,518,00 of the monthly rent of KRW 1,175,300 from the damaged person for 60 months each month, and embezzled the said car owned by the victim by providing the said car by providing the said car with loans of KRW 23 million from the JKS, a vehicle security lender at a non-place on July 27, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made in the police statement protocol with D;

1. Application of each statute stating the details of text messages, such as an automobile lease agreement;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 355 (1) and 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act (The following circumstances shall be considered for the reasons for sentencing);

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that there is no person who is in charge of any of the types 1 (less than 100 million won) (the scope of the recommended punishment] from among the crimes of embezzlement and breach of trust (the scope of the recommended punishment).

3. Determination of sentence;

(a) Defendant A: Imprisonment with prison labor for six months, two years of probation, and eight hours of community service order;

B. Defendant B: (a) the case of embezzlement by the Defendants of the community service order provided as security to raise funds to loan brokerage business for a passenger car owned by the victim during the period of eight months of the suspension of the execution of imprisonment with prison labor; (b) the amount of damage is not significant; and (c) Defendant B was punished three times of the crime of this type (one time of the suspension of the execution of imprisonment with prison labor and two times of the fine); and (d) Defendant A was punished twice by a fine for this type of crime.