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

1. On June 4, 2013, the Defendant received a request from the victim for the purchase of the BMW X5 vehicle from the victim's cell phone store operated by the victim C in the Jeonbuk-Eup, Jeonbuk-si, and received 13.5 million won as the purchase price for the vehicle.

While the defendant kept the above money for the victim, he used 5 million won of vehicle down payment, 2 million won of transfer expenses, 2,579,060 won as insurance premium, and embezzled 3,920,940 of the remainder for personal debt.

2. On June 12, 2013, the Defendant received a loan of KRW 28 million from a social company (F) that took place in Gangseo-gu Seoul Metropolitan Government on behalf of the Defendant, and the victim C was lacking in money in purchasing BMW X5 vehicles. The Defendant received a loan of KRW 28 million from the social company that took place in the name of the victim’s mother, and transferred the loan to the bank account (F) in the name of the Defendant.

While the Defendant kept the above loans on behalf of the victim, he embezzled by using the loans for personal debt repayment in a voluntary manner around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 355 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that a criminal defendant

1. Social service order under Article 62-2 of the Criminal Act;