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

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

On August 23, 2016, the Defendant was sentenced to a suspended sentence of two years on August 31, 2016 by imprisonment with prison labor for night-time structure theft at the Seoul Eastern District Court, and the said judgment became final and conclusive on August 31, 2016.

On July 29, 2014, the Defendant: (a) was granted a loan of KRW 5 million to the victim B; (b) interest KRW 2.50,000 per month; and (c) was paid on August 28, 2014 with the due date for payment; and (d) was under custody for the victim by delivery to the victim as a car for food D.D. P. P. 2013 (factory price of KRW 37.440,00), and immediately sold the said car to the purchaser of the passenger car; and (b) embezzled it by selling the said car to the purchaser of the passenger car at will on August 5, 2014.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against B;

1. Investigation report (Report on temporary confirmation of the disposal of this vehicle);

1. Previous conviction in judgment: Application of Acts and subordinate statutes by inquiry about criminal history, the case of this court and the result of inquiry of sentence;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Reasons for sentencing (in cases where there is a single concurrent crime after Article 37 of the Criminal Act, sentencing criteria shall not apply) of Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (the existence or scope of liability for compensation is unclear and it is deemed inappropriate to issue an order for compensation as the existence or scope of liability for compensation is unclear);

As the scope of damage caused by the instant crime did not recover from damage to a considerable extent, the sentence of imprisonment was imposed, taking account of the fact that the Defendant had no record of criminal punishment prior to the instant crime, and that the Defendant should take into account the case at the same time with the final judgment and the equity between the case where the judgment becomes final and conclusive.