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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as a used car with a used car with work in Seo-gu Incheon, decided that D, as a customer, purchased a vehicle from F, the owner of EK7 vehicle, the Defendant would have D receive a loan from the Hyundai Capital Capital Capital, and pay it to the borrower.
On May 1, 2014, at around 15:00, the Defendant entered into a loan contract with G, an agent of the Plaintiff and the Plaintiff’s private party to a dispute settlement agreement, for a loan of KRW 27,50,000,000,000 for the vehicle price from the Plaintiff’s bank account (SOF) to the borrower in order to transfer the vehicle price to the borrower, at around that time, the Defendant embezzled the vehicle price of KRW 27,50,00 from the Plaintiff’s bank, which is an agent of the Plaintiff and the Plaintiff’s private party to a dispute settlement agreement in Seo-gu Incheon, Seo-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for the protection and observation and the sentencing of Article 62-2 of the Criminal Code of the Social Service Order / 【The scope of the recommended punishment / [No. 1] The basic area of embezzlement [4 months - 1 year / October] / 1 year / 10] ] The efforts to recover damage, including the locked after committing the crime, have not been
Provided, That a punishment of six-month imprisonment shall be determined within the scope of the recommended punishment in consideration of the good criminal records, character and conduct, etc., and the execution thereof shall be suspended for a period of one year on the condition that protection and observation for the prevention of re-offending