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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From July 2016 to January 2017, the Defendant served as a sear to the D Trading Company of the Victim C’s Operation in the Bupyeong-gu Seoul Special Metropolitan City, Ocheon-gu, Busan Special Metropolitan City from around July 2016, and entered into a sales contract by introducing vehicles to customers who have found the trading company, and is engaged in the business of depositing the vehicle into the victim upon receiving the purchase price from the customers.
1. The embezzlement of the purchase price of vehicles;
A. On October 25, 2016, the Defendant sold ES5 car registered in the name of the said trading company operated by the victim to F for KRW 15,500,000,000, and received the payment of vehicle purchase money from F on the same day and kept it for the victim’s business. On October 26, 2016, the Defendant transferred only KRW 13,770,000 out of the purchase money of the said vehicle to the victim’s account under the victim’s name and consumed the remainder of KRW 1.8 million for personal purposes, such as living expenses around that day.
B. On November 20, 2016, the Defendant: (a) sold the G Poter, registered in the name of the said trading company that the victim operated, to H KRW 11.2 million; and (b) received the payment of the purchase price for the vehicle from H on the same day and kept it for the victim; (c) transferred only KRW 5.5 million out of the purchase price for the vehicle to the account in the victim’s name; and (d) consumed only the remaining KRW 5.7 million for personal purposes, such as living expenses, around that time.
Accordingly, the Defendant embezzled the total of KRW 7.5 million on duty.
2. The Defendant, at around November 2016, has been on his/her own business custody for the victim by receiving a request for repair of the 29.5 million won at the market price registered in the name of the trading company operated by the injured party, which was registered in the name of the injured party, and the Defendant entered the arche car into the maintenance shop, etc. at his/her own discretion around that time.