A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around June 2013, the Defendant: (a) received a consignment request from the victim D for the EMW520d car owned by the victim from the Incheon BMW520d car in the Dong-gu Incheon Metropolitan City (Selim-dong); (b) transferred KRW 3 million to the victim; and (c) used the remainder of KRW 41.2 million for personal use at the end of the same month for the victim; and (d) arbitrarily used the same for personal use during the storage of the victim.

2. The summary of the evidence that the Defendant arbitrarily used the sale proceeds for personal use on or around July 2014 of the same year, while receiving a consignment request from the victim D for the FD car owned by the victim, and embezzled the sale proceeds for the victim.

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (the details of telephone conversations with complainants D);

1. The difference in which the complainant entrusted the sale to the suspect;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The grounds for sentencing under 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 do not exceed KRW 50 million and deposit KRW 10 million and the remaining damages have not been recovered.

The use of money is not transparent.

The fact that there is no record of the same crime was considered as favorable circumstances.

In addition, in consideration of the conditions of sentencing prescribed in Article 51 of the Criminal Act, the punishment shall be determined as ordered within the scope of the recommended sentencing guidelines (from April to April).