A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant is a person who engages in a used car brokerage and sales business under the trade name of E in Daegu-gu D.

1. Around December 14, 2012, the Defendant, at the above E office, acted as a broker to sell G 25 tons cargo vehicles owned by the victim F to C at the price of KRW 140 million.

In the process, the Defendant received KRW 130 million from C for the victim and kept the purchase price of KRW 100,000 for the victim, and around that time, he consumed KRW 30,000 out of the purchase price for personal use.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant in breach of trust, at the same time and place as in the preceding paragraph, and at the same time and place as in the preceding paragraph, and when the Victim C received KRW 130 million from the Victim C for the F, he/she agreed to deliver the same to the said Cargo Capital Co., Ltd., a mortgagee for the said Cargo Transport, to cancel the mortgage, and agreed with the Victim C to cancel the mortgage.

In accordance with the above agreement, the Defendant received KRW 90 million from the victim around the 24th day of the same month, and KRW 40 million around the 26th day of the same month, and there was a duty to deliver it to Ariju Capital and cancel the mortgage.

Nevertheless, in violation of the above duties, the Defendant issued only 100 million won to Aju Capital Co., Ltd., and consumed the remainder of 30 million won for personal purposes as set forth in the above paragraph (1) and subsequently did not cancel the mortgage on the above cargo vehicle.

Accordingly, the defendant acquired property benefits equivalent to 30 million won and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and C

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense and Article 355 (2) and (1) of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;