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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On April 3, 2014, the Defendant entered into a car lease agreement with D, an employee of C C C C C C C C C C C C, a victim A6 car (E) with respect to the amount equivalent to KRW 79,425,00,00 per month for 36 months, and the amount equivalent to KRW 2,098,442 per month, which was owned by the victim, to pay rent of KRW 2,098,442 per month. At that time, the Defendant received the said car and used the said car and kept it in custody for the victim.
On October 14, 2014, the Defendant borrowed 20,000,000 won from the borrower at the office of the Oantotong-dong, Busan Metropolitan Government, and offered and transferred the said vehicle as security.
Accordingly, the defendant embezzled the car owned by the victim in custody of the defendant.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Loan cards;
1. Application of Acts and subordinate statutes on investigation reports;
1. Relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [Scope of recommending punishment] Type 1 (100 million won) (4-1 year and April) basic area (decision of sentence], and any fact that there is no past record of criminal acts are favorable to the defendant.
However, even though the time for the repayment of damage was given, the defendant could not be exempted from punishment corresponding to the crime, since he did not pay for the damage at all, and there is no strong effort for the repayment of damage.
In addition, the punishment as shown in the Disposition shall be determined by taking into account the circumstances shown in the records, such as the defendant's age, character and conduct, and environment, but the court shall not be detained in consideration of the fact that the defendant supports the aged child.