A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 2007, the Defendant: (a) received a request from D, a branch in Seodaemun-gu Seoul, Seoul, to sell the said vehicle to one of the victim E, and (b) embezzled the said vehicle for personal use on the part of the victim’s wife E, and around January 2008, the Defendant sold the said vehicle to the non-resident via G, a parent of the Defendant, at a non-resident’s mother, from the non-resident, Hongdong-dong, Seoul, and received KRW 20,000,000 for the victim, while keeping the vehicle for the victim, at around that time, he voluntarily consumed the said vehicle for personal use in the non-commercial area of Seocho-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the statement of H, D, and E in the police interrogation protocol against the defendant

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a complaint, a copy of a cash storage certificate, the register of motor vehicles and investigation report (report on confirmation of the vehicle price user);

1. Relevant legal provisions on criminal facts and sentencing of Article 355(1) of the Criminal Act [Determination of Imprisonment] Grounds for Embezzlement and Breach of Trust / [Determination of the recommended field] Basic field / [The scope of sentence by recommendation] / [the scope of sentence by recommendation] / [the general person before adjustment according to the applicable sentences] - where mitigation elements are not occupational embezzlement and breach of trust / the case of embezzlement of aggravated factors / [whether suspended sentence ] Major reasons - There is no negative agreement - there is no effort to recover adverse damage - there is no criminal record above the general participation reason - there is no criminal record above the positive half of imprisonment [decision of sentence] 6 months (decision of sentence] (decision of sentence, because the amount of damage has not been recovered even if the amount of damage has been considerable, it is not possible to punish the defendant accordingly. It is decided as per Disposition by taking into account all the circumstances such as the fact that the defendant is recognized to commit a crime, the defendant's age, the defendant's age, personality and conduct, and criminal records).