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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From June 201 to November 2012, the Defendant operated a used car sales business in the E-automobile trading company located in the victim C and Yangsan City D as a partner in the same business.
On April 19, 2012, the Defendant sold F, G, and H vehicles to I in the said car trading company, and received the payment of KRW 41 million from the Plaintiff, and transferred KRW 21 million to the account of the victim’s mother-friendly J, and embezzled the remainder of KRW 20 million for personal purposes around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to C and K;
1. Application of Acts and subordinate statutes to a investigative report (where any, details of entry and withdrawal);
1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The mitigated area (10 million won or less) (1 month or 10 months) [the person subject to special sentencing] Punishment is not subject to punishment [the person subject to special sentencing] [the defendant shows the attitude of acknowledging and opposing the defendant when committing a crime, the agreement with the victim is reached, the fact that there is no record of the same kind of crime, etc.