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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 16, 2012, the Defendant received a request from the above B to register construction machinery in the name of the Defendant, and accepted it, and completed the registration of ownership in his name.

B Around May 21, 2012, the agreement was concluded to sell the said car to the victim F, which was held in the office of a credit rating company in the Chungcheong-gun, Chungcheongnam-gun, to sell to the victim F, and on May 22, 2012, the said owner’s ownership is transferred to the victim at the same time with the payment of KRW 30 million as the down payment. On August 31, 2012, the agreement was concluded to receive KRW 77,00,000 as the intermediate payment, and KRW 7,00,000 as the remainder on September 20, 2012.

Since the Defendant entered his personal information in the transferor column of the above sales contract at the time, and facsimileed it to B, it was well known that the sales contract was concluded between B and the victim.

Nevertheless, on July 12, 2012, while the defendant kept the above for the above victim, he embezzled the above for the above for the above victim by taking out a loan of KRW 90,00,000 from the credit bank, and by creating a mortgage over the bond value of KRW 98,00,000,00 for the above for the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on a standard construction machinery sales contract;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the grounds that the defendant is against the defendant and that it is agreed with the victim);