Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant, at around 17:00 on December 11, 2012, at “D” store located in Seoul, sold a vehicle on behalf of the victim E on the condition that “I will sell the vehicle to the victim on December 20, 2012, on the condition that I will leave the remaining installment of 24 million won of the vehicle from December 20, 2012, and if I will immediately return the vehicle as agreed, I will return it.”

Since the Defendant failed to sell the said car by December 20, 2012, which was the agreed time limit, the Defendant continued to keep the said car in custody even though it was returned to the victim. On December 29, 2012, the Defendant disposed of the said car at around KRW 8,300,000,000 to I before H located in Gangwon-gun, Gangwon-gun, Gangwon-gun, and used the money in entirety.

Accordingly, the Defendant embezzled one motor vehicle owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including the E's statement part);

1. Application of each statute;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration, such as the fact that an automobile damaged by reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is owned by the victim, but is formed in the course of the same occupation with the defendant, and that the victim agreed smoothly with the victim;