Text
Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 28, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the District Court of the Republic of Korea on November 28, 2015, and the judgment became final and conclusive on November 11, 2015.
On June 2015, the Defendant received a consignment sale from the injured Party C in the vicinity of the area of the YY-si, Y-si, Y-si, Y-si, Y-si, and the market price of the injured Party C, which is equivalent to KRW 10 million, from the injured Party C.
On July 2015, the Defendant kept the said vehicle on consignment for the victim. On July 2015, the Defendant offered the said vehicle as security at will, while borrowing KRW 3 million from G in the vicinity of the F cafeteria located in the Seocho-si.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Original Register of Automobile Registration;
1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are single concurrent crimes after Article 37 of the Criminal Act, and the sentencing criteria are not applied as the choice of fines.
There have been some unfavorable circumstances, such as the fact that there has not been agreed with the victim until now, but the defendant is in profoundly against the defendant. The crime of this case is to take into account the equity in the case of the judgment at the same time as the crime of fraud entered in the judgment of facts, and the defendant has no record of punishment for the same kind of crime, and other circumstances constituting the conditions for sentencing, such as the defendant's age, sex, environment, background, means and result of the crime of this case, circumstances after the crime of this case, and attitude in this court, shall be determined as ordered.