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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2012 Highest 3443] The Defendant, as a used vehicle dealer, has received KRW 19 million from the victim E in the first floor D store of the Daejeon Seosung-gu building on April 5, 201, under the pretext of the Defendant’s intent to purchase and sell an Arabic vehicle. On or around the 12th day of the same month, the victim requested the purchase of a mous F vehicle which is not a friendly vehicle. While the victim kept 19 million won under the pretext of the purchase price of a friendly vehicle, the Defendant embezzled it by arbitrarily consuming KRW 19 million in the name of the victim for the purchase price of a friendly vehicle. In April 201, 201, the Defendant embezzled it by arbitrarily consuming KRW 19 million in the name of the Defendant for the repayment of loans and its office operation expenses.
[2012 Highest 3776] From around 2010 to November 2011, the Defendant engaged in a used vehicle sales business in the name of “D” in the name of “D.” From February 2, 2010, the Defendant dambling from around February 201 to gambling at 4-50 million won, including vehicle purchase funds and vehicle sales proceeds, and around 2010, 50 million won of credit card liabilities, one bank loans, etc., were in demand for repayment of investment funds from “D”. From February 201, 201, the Defendant was in a state of being urged from “D” to make an investment of KRW 50 million.
1. On September 27, 2010, the Defendant: (a) was entrusted with the sale of one set of JP car volume equivalent to KRW 30 million in the market price from the victim KS Capital during a used vehicle sales business at the above office; (b) on November 14, 2010, the Defendant sold the said vehicle to K at the above office and embezzled it for the victim’s personal purpose, such as Internet gambling, etc. at around that time.
2. On November 10, 2010, the Defendant against the victim L purchases the said vehicle by succeeding the lease of KRW 4.5 million and the said vehicle to B within three months at a dry site, from the victim L, who was found to sell a vehicle of “M Posing” at the above office.