A defendant shall be punished by imprisonment for six 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, together with D, decided to conduct the business of importing the heat boiler, which was claimed in Russia, and used F E-coos car owned by the victim E, which was managed by D in connection with the above business with D’s permission.

On March 14:00 on March 31, 2010, the Defendant: (a) in the victim E, a corporation with the wife population G, owned by the victim, and (b) in the custody for the victim; (c) borrowed 4.5 million won to the bond company with the name in the name of the first and second name on April 2010; and (d) lent the said vehicle as security at his own discretion.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by a witness H in the sixth trial records;

1. Business registration certificate and details of the disbursement of installments;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to investigative reports (content of mobile phones messages);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The portion not guilty under Article 62 (1) of the Criminal Act (the details of the instant case and the amount of embezzlement, etc.) (the larceny charge which is the principal charge);

1. The summary of this part of the facts charged is as follows: (a) on March 31, 2010, the Defendant: (b) around 14:00, the victim E, a victim of D management located in G in the wife population G, and (c) on March 31, 2010, the Defendant was driving the said vehicle with the FF E vehicle keys owned by the victim company, which was kept in the president’s office and parked in the parking lot.

Accordingly, the Defendant stolen the amount of KRW 31 million at the single car market on the part of the victim.

2. We examine the following circumstances, i.e., the evidence duly adopted and examined by this Court, including the witness H’s statement in the sixth trial records, and the evidence duly adopted and examined by this Court. D, around March 2010, in order to establish a victim company and use it for business purposes in the name of the victim company in the name of the victim company.