The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On July 31, 2016, when the Defendant was driving a MF3 car from the victim who was at the time at a non-permanent place, and was under a traffic accident, which was owned by the victim, and a part of the back of the said car was turned off on August 17, 2016, the Defendant received 3.80,000 won from the driver of the non-titled vehicle for the use of the said car as repair cost for the said car, and used the said car for personal purposes, such as Internet shopping or credit card payment, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to written statements and requests for estimate;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1248, Apr. 1, 2006) (see, 2007; Supreme Court Decision 2006Da11448, Apr. 2, 201))