A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 4, 2012, the Defendant acquired and operated a private person D in the middle and high-class sales market with the victim C, and once paid KRW 15 million as part of the acquisition fund to E, the Defendant purchased a F UAD car under the name of the victim by obtaining a partial loan from the Hyundai Capital Co., Ltd. to pay KRW 25 million, and then operated the said car by receiving the said vehicle from the victim.

In addition, on February 2012, when the injured party suffered losses equivalent to the above acquisition fund due to the failure of D acceptance to reverse the above operation agreement with the defendant, the defendant demanded the injured party to compensate for the above losses, but was rejected from the injured party.

Accordingly, the Defendant was willing to dispose of the said car and recover the said amount of damages. Despite the opposition of the victim at the time, the Defendant borrowed 5 million won from the vehicle loan service provider in the name of the victim and left the said car owned by the victim as security at will.

Accordingly, the defendant embezzled the above car amounting to KRW 25 million at the market price, which is the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of each Act and subordinate statute on the car registration ledger and the details of loans for modern Capitals;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for the sentencing of selective punishment of imprisonment [the scope of punishment in law] [the scope of punishment in law] 5 years or less [the person subject to special sentencing] / Of the group of embezzlement and breach of trust crimes / [the person subject to special sentencing] mitigation elements: Non-won of punishment [the scope of recommended punishment] mitigation range, mitigation range of imprisonment not exceeding 10 months [the person subject to general sentencing], and mitigation element of imprisonment not exceeding 10 months]: In the case of embezzlement not for occupational embezzlement and breach of trust: In the case of embezzlement (the decision of sentencing], the defendant led to the confession of the crime for 4 months, agreed with the victim, the fact that the defendant was sentenced to imprisonment for 1 year and 6 months, and that the appellate court is currently going into existence after being sentenced to imprisonment for a separate crime (the court 2017