Text
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who has operated a motor vehicle trading company with the trade name "D" in Daegu Northern-gu C.
1. Crimes against victims E;
A. On January 2012, 2012, the Defendant committed a crime against F ASEAN car on the Haman’s Republic of Korea on January 1, 2012, the Defendant entrusted the victim E with the sale of the F ASEAN car owned by the victim at KRW 10 million, and received the said car from the victim on the said job at the time.
On March 2012, the Defendant delivered KRW 5 million to the victim with the advance payment, and sold the said advance payment to G on July 2012, 2012 for KRW 12 million and used the said advance payment for the personal use of KRW 5 million for the victim. Around that time, the Defendant used the said advance payment for the Defendant’s automobile company’s monthly income and living expenses.
Accordingly, the defendant embezzled the victim's property.
B. On January 2012, 2012, the Defendant: (a) transferred the said car as a security for KRW 2 million to the Defendant’s creditor on March 3, 2012 while succeeding the said car to the lease of the said car to the victim’s HW lease from the victim’s office located in the said D office; and (b) transferred the said car to another person on the condition that he/she succeeded to the lease from the victim; and (c) was in custody for the victim, the Defendant refused to demand a return of the said car to the victim after transferring the said car as a security for KRW 2 million.
Accordingly, the defendant delivered the victim's property.
2. On February 2012, 2012, the Defendant was delegated the Victim I to sell the said car by entrusting the Defendant with the sale of the Victim’s father’s KNAS car in the name of the Victim I on the roads of the Southern-gu JJ, Daegu, Daegu.
On March 8, 2013, the Defendant sold the said car to L Company for KRW 21,300,000 and kept the sales price for the said car for the victim at that time.