A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who is engaged in duties, such as middle and high consignment sales, with the trade name of “C” in Daegu Northern-gu B.

On January 1, 2019, the Defendant was entrusted by the victim D with the consignment sale of BMW I8, which is owned by the victim D.

On the 8th day of the same month, the Defendant sold the above vehicle to another person, received KRW 84 million, and embezzled the said money for the sake of the victim from that time on the 11th day of the same month by using the said money as personal debt repayment for E, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (the sequence 10, 13, 14 of the evidence list);

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

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. In light of the fact that the Defendant’s decision on the sentence of sentence was entrusted with the sale of high-priced vehicles from the victim and embezzled the sale proceeds, and that the amount of embezzlement exceeds KRW 84 million, and up to now, the amount exceeding KRW 53 million is not returned to the victim, etc., the Defendant is obliged to be sentenced to imprisonment with prison labor.

However, the defendant shows his attitude to recognize the facts of crime, there is no record of criminal punishment exceeding a fine, the victim's investigation of this case was conducted on January 28, 2019, which was conducted on the basis of the investigation of this case, KRW 50 million on May 29, 2019, KRW 100,000 on January 20, 2010, KRW 100,000 on March 31, 2020, KRW 10 million on April 31, 2020, KRW 380,000 on April 7, 2020, and KRW 380,000 on April 7, 2020.