A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 25, 2013, the Defendant: (a) sold a Poter vehicle owned by the victim D (E is considered to be a clerical error of “E” according to evidence; and (b) received a request from F, his/her father, who is his/her father, to transfer the proceeds of sales to F, a son of the victim.

On October 19, 2013, the Defendant sold the said vehicle to I for KRW 12.5 million at H office located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul and used the said vehicle for personal purposes, such as living expenses, according to the mind of the victim while receiving the price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement of the investigation report; and

1. Inquiry into the details of meetings, and application of the Acts and subordinate statutes governing the automobile transfer certificate;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing criteria [Determination of types] Embezzlement category 1 (less than 100 million won) (decision on the recommended field] basic area, 4 months to 1 year and 4 months.

3. Determination of sentence: 6 months of imprisonment, and 2 years of suspended sentence, even though the defendant had been punished several times for property crimes, it seems that the crime of embezzlement was committed, and that the damage was not completely restored. Therefore, the defendant and the victim are disputing whether the embezzlement of this case was repaid and the degree of the repayment thereof.

The criminal liability of the defendant is not easy.

However, in order to offset the victim's claims, the defendant asserts that he arbitrarily used the victim's vehicle sales proceeds, and it seems that there is a claim and obligation between the defendant and the victim to settle the accounts.

(b) the injured party.