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A defendant shall be punished by imprisonment for two years.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Criminal facts
On April 2014, the defendant, who was engaged in the used vehicle trade, entered into a partnership business contract with the victim C, and the vehicle purchase price was invested by the victim, and the principal was returned to the victim after the defendant purchased and sold the vehicle with the money, and the profit from the vehicle trade was divided half.
On April 2014, the Defendant changed the amount of KRW 20,00,000 to the victim’s “to use for expenses, such as heavy repair costs, etc., for the use of the vehicle for the expenses. 20,000,000 to the Busan Bank account in the name of the wife F, and when it is necessary to cover the expenses, such as the purchase and repair of heavy vehicles, the Defendant shall deposit the amount of KRW 20,00,000 from the above account and use it, and manage the amount of KRW 20,00,000 in the way of re-deposit the proceeds from the sale of the vehicle.
around April 14, 2014, “Around April 14, 2014, transferred KRW 20,000 to a new bank account (H) account (H) in the name of the Defendant for repair expenses and voluntarily consumed for personal purposes, such as living expenses, around that time.
In addition, from around that time to June 23, 2016, the Defendant voluntarily consumed total of KRW 458,965,000 on 20 occasions, such as the list of crimes in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against C;
1. (I), I, I, I, I, I, I, I, I, I, (F), I, (A), I, I, I, to inquire about the details of transactions of free savings deposits, (A), each account transaction details (F), and the application of the laws and regulations of subparagraph (A);
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);
1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) include: (a) the Defendant’s mistake is deeply divided and reflected; (b) there are some circumstances to consider the motive and circumstance leading to the instant crime; and (c) the Defendant is the victim.