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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From around April 2010 to April 2015, the Defendant, as a business employee, was engaged in the automobile sales business and the fee-raising business at the (State) D agency operated by the victim C located in the prime city.

1. On March 10, 2015, the Defendant: (a) sold a vehicle to be known to customers E; (b) received an order from the victim to apply for registration of the said vehicle; and (c) received KRW 2,028,00 from the victim for registration of the vehicle; and (d) used the vehicle for personal purposes, such as voluntary repayment of debt, within the original city around that time.

Accordingly, the defendant embezzled the victim's property.

2. On the same day, the Defendant: (a) received KRW 15,150,00 from the above E office located in the territory of the Republic of Korea to deliver the above Albin vehicle to E; and (b) used the vehicle for personal purposes, such as voluntary repayment of debt, within the original city.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to a motor vehicle purchaser petition;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

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

1. Probation and community service order for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] Class 1 (100 million won] (100 million won) in the mitigated area (1 to 10 months), in cases where punishment is not imposed, or significant damage is recovered [the sentence] imprisonment for eight months, suspension of execution 2 years, probation, and community service order: Defendant had suffered damage to the company by arbitrarily using vehicle sales proceeds, and thus, Defendant should be held liable corresponding thereto.

However, the defendant's mistake is against the defendant, and the victim's damage was recovered through guarantee insurance.

(No damage shall be recovered by the defendant's effort). Such circumstances and the age, occupation, character and conduct of the defendant.