A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant was sentenced to six months of imprisonment for embezzlement at the Suwon District Court on July 13, 2016 and the judgment became final and conclusive on October 7, 2016.

The Defendant is a person who was engaged in the duties, such as middle and high consignment sales, in the name of “C” at Changwon.

1. Occupational breach of trust;

A. On November 2013, the Defendant received the delegation from the victim D(35 years of age) from the Defendant, who sold the F lux car in the name of his mother E and received the transfer of the vehicle at the intervals of selling the F lux car in the name of his mother.

Therefore, when the defendant sells the vehicle and receives the purchase price, he had a duty to deliver it to the victim.

Nevertheless, on November 21, 2013, the Defendant, in violation of the above duties, sold the said vehicle to G, and thereafter, ordered G to deposit the purchase price of KRW 16 million in full to H, the creditor of the Defendant on the day and appropriate it for the repayment of his/her obligation, thereby gaining pecuniary profits equivalent to KRW 16 million, and at the same time causing property damage equivalent to the same amount to the victim.

B. Around June 2014, the Defendant, upon delegation by the victim, sold the said E’s I UD car in the said E name and received the transfer of the vehicle.

Therefore, when the defendant sells the vehicle and receives the purchase price, he had a duty to deliver it to the victim.

Nevertheless, on June 5, 2014, the Defendant, in violation of the above duties, sold the said vehicle to G, and thereafter, ordered G to deposit the purchase price of KRW 37 million in full to J, the creditor of the Defendant on the day and appropriate it for the repayment of his/her obligation, thereby gaining pecuniary profits equivalent to KRW 37 million, and at the same time causing property damage equivalent to the same amount to the victim.

2. On March 2015, the Defendant: (a) received KRW 4.8 million from the victim; (b) delivered the victim with a heavy siren vehicle on the number omitted; and (c) on May 2015, the Defendant changed the rental vehicle into the Bosch Rexton vehicle to the victim; and (d) on May 2015, the Defendant changed the rental vehicle from the victim.