A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

around 04:05 on November 5, 2017, the Defendant assaulted the victim L(52) (52) on the ground that the victim would ask the victim's destination in the vicinity of the harbor located in the territory of the State located in the Michuhol-gu Incheon Michuhol-gu, Incheon. on November 5, 2017, when the victim demanded the Defendant to get off from the driver's seat, and the victim would be able to get off from the driver's seat. However, the Defendant used the victim's face, such as spiting down the victim's spath, and spathing the spath.

The Defendant, around June 17, 2017, entered into a loan agreement with the victim company to purchase a high-speed car operated by the O located in the Michuhol-gu Incheon Metropolitan M building N around June 17, 2017, and Q Q was issued a total of KRW 2,460,000,000 from the G bank account (H) in the name of the Defendant.

Since Q voluntarily withdrawn the intention to purchase the vehicle, the Defendant kept the said money for the victim company. However, despite the fact that Q returned it, he consumed the said money for personal use, such as living expenses, around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

"2017 Highest 9324"

1. A protocol concerning examination of the police concerning L;

1. Investigation report (Correction of the name of the crime following the analysis of video-recording records of black boxes) 2017 Godan 9333;

1. Each protocol concerning the examination of the police officers in relation to the accused and Q;

1. Statement by the police against S;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment, respectively, for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of type), embezzlement and breach of trust, and type 1 (less than KRW 100 million) (the scope of recommendation) / imprisonment for 4 months to 1 year and 4 months (the basic area);

(b) Concurrent crimes (decisions of types), violent crimes, assault crimes, one type (general assault) (Recommendations).