A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On July 11, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment for embezzlement at the Incheon District Court on June 201, and was sentenced to one year of imprisonment for embezzlement, etc. at the same court on April 21, 2016 and sentenced to one year of suspension of the execution.

7.26. The sentence of suspended execution became final and conclusive, and the sentence became void.

【Criminal Facts】

On October 22, 2011, the Defendant purchased a vehicle from a partner B to pay installment, and agreed to set up a mortgage on the said vehicle on the condition of equal repayment of principal and interest in the said vehicle for 36 months after the Defendant purchased a vehicle from a partner B, and 28 million won was borrowed from a social company of the Victim Republic of Korea for 28 million won in the market price at the (jun) Tranyang office located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and 300C car with a market price of 28 million won in the market price.

On October 25, 2011, the Defendant completed the registration of ownership of the said car as B, and on the same day, the Defendant established a mortgage over the amount of 28 million won at the bond price with the mortgagee and the mortgagee B as the debtor, and thus, there was a duty to keep the said vehicle in a state where the purpose of the mortgage can be achieved through compulsory execution, etc. against the said vehicle until the loan is repaid.

On December 2, 2012, the Defendant violated the foregoing duties, and transferred the said vehicle to a person who was not aware of his identity accurately through D, from a person who did not know about the loan principal and interest interest, in a situation where only KRW 14,454,614 was repaid with the Defendant’s repayment of only KRW 14,454,614. As such, the Defendant acquired property benefits equivalent to KRW 6 million and suffered damages equivalent to KRW 21,479,943 of the loan balance to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and the B (including interrogation);

1. E statements;

1. Written complaint, notice of assignment of claim, agreement of mid-term installment financing, register of automobiles and investigation report (examination of suspect A's crime of breach of trust);

1. A previous conviction in judgment: