A defendant shall be punished by imprisonment for four 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

The defendant is a motor vehicle with the defendant, and the victim B is a person who has delegated the defendant with a heavy and new purchase at the center of the victim's operation party located at the end of July 2019.

On July 31, 2019, the Defendant sold the secondhand “Skex” to a third party, and received 3,700,000 won for sale from a bank account under the name of the Defendant. On August 26, 2019, the Defendant transferred KRW 500,000 from the victim to the said account in the name of “F” for the delivery cost of the new car that the victim decided to purchase at a locking place of business. On August 28, 2019, the Defendant received KRW 12,00,000 excluding 2,209,460 won from the purchase cost deposited at the locking place of business on July 31, 2019.

As above, the Defendant embezzled KRW 13,90,540 in total for the purpose of personal debt repayment, etc. while keeping KRW 3,700,000, and KRW 500,000, and KRW 9,790,540, which were returned after conversion into installment, for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Confirmation of the fact of G production;

1. Details of investigation reports (report on the result of reply to a warrant) and account transactions;

1. Application of the detailed list of transactions by account, the register of automobiles (Skstar), the certificate of receipt of the request for return of funds, the details of deposit and withdrawal transactions, checks, and the detailed statement of financial transactions Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] shall be embezzlement and breach of trust [the category 1] below the 100 million won [the person who is specially punished] below the 100 million won [the recommended field and the scope of recommendation] basic area, imprisonment with labor from April to April 2.