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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant, along with the victim C, has been engaged in the business of managing employees and vehicles in the middle and long-term trading company with the trade name of “E” in “Bcheon-si D and 272”.
The Defendant, on May 2, 2017, displayed the Fing MZ vehicle equivalent to KRW 23,500,000, which was purchased by the victim around May 2, 2017, in the above trading company, and kept and managed the above vehicle for the victim in the course of business in order to sell the vehicle for the product use. On May 2, 2017, the Defendant arbitrarily driven the said vehicle and then delivered it to the branch.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to motor vehicle registration certificates, business registration certificates, specifications of transfer expenses;
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355(1) of the Criminal Act regarding criminal facts, the defendant's reason for sentencing of sentence of imprisonment is against the recognition of and reflects the mistake, and there is no record of the same kind of crime.
However, the Defendant’s embezzlement crime of this case was arbitrarily transferred to the branch, and its nature is not good.
The Defendant stated from the investigative agency that the instant vehicle was changed in the name of another person and the obligation of the victimized person to pay the said vehicle was extinguished, and that there was no actual damage. However, the Defendant did not submit the data, and that the victim did not recover from the damage due to the situation in which the principal should pay the installment to the nominal owner.
was stated.
The Defendant still recovered from the victim’s damage on the trial date.
One of the arguments is that the data was not submitted at all (if the name of the installment debt was changed, the defendant can easily submit the data), and it seems that the damage was not recovered.
The victim wanted to punish the defendant.
(2).