Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On June 13, 2013, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Southern District Court on August 26, 2013, and the said judgment became final and conclusive on August 26, 2013.

On September 2, 201, the Defendant: (a) displayed the vehicle on the temporary distance in the Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul, to C, a broker of a used vehicle, and sold the vehicle by having C, a broker of a used vehicle, sell the vehicle, while showing the vehicle in the 2007-type Domba haben Penb, and via E; (b) C, to introduce the above vehicle to the victim F through E; (c) to purchase the said vehicle in the amount of KRW 13 million on the same day, the Defendant issued the vehicle registration certificate, the business registration certificate, the corporate seal imprint certificate, the certificate of seal imprint, the power of attorney affixed with the corporate seal imprint, and the certificate of transfer of the vehicle with the corporate seal affixed; (d) transferred the amount of KRW 4 million to C in the name of account on the same day from the victim (the next day, additional remittance to the above account) and having C transfer the said 4 million won to the account designated by the Defendant.

Around that time, the Defendant received a claim from the victim through C to the effect that the estimate of the repair of the said vehicle was 300 to 4 million won, and C through C, saying, “I would repair the said vehicle if you send it to the G car center located in Dongdaemun-gu Seoul Metropolitan Government, by allowing the victim to send the said vehicle to the G car center located in Dongdaemun-gu, Seoul, and actually stored the said vehicle for the victim. On September 201, 201, the Defendant found the said vehicle and embezzled the said vehicle with the purchase price of KRW 8 million by arbitrarily disposing of it to the person who was missing in his name.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and C;

1. A criminal investigation report and a detailed statement of transactions (C submission);

1. Previous records before ruling: To apply Acts and subordinate statutes, such as inquiry and inquiry records into criminal records, inquiry into criminal and investigation records, and investigation reports (verification reports on a fixed date);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;