Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Experience] On November 12, 2013, the Defendant was sentenced to a suspended sentence of 8 months for embezzlement by the Seoul Central District Court, and the judgment became final and conclusive on January 16, 2014.
[2] On September 19, 2012, the Defendant lent KRW 30 million to the victim C and the victim C (n, 57 taxes) within the limit of 1308 Suhyup-dong, Nam-gu, Incheon Metropolitan City on September 19, 2012, and the Defendant was issued a vehicle as security owned by the victim under the condition that the victim would return the vehicle within three months if the victim repaid the vehicle within three months.
As above, the Defendant used 36 million won from E around October 6, 2012 to provide E with the victim’s vehicle as security while keeping the victim’s vehicle.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect with respect to F;
1. C Police Statement Statement;
1. A report on investigation (Submission of a written G statement of witnesses) and accompanying documents;
1. Previous convictions: Inquiry about criminal history and investigation reports (data related to crimes committed before a final and conclusive judgment) and application of Acts and subordinate statutes of accompanying documents;
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Criminal Procedure Act provides that the defendant does not want to be punished by the victim upon the confession and reflection of the reason for the sentencing of Article 334(1) of the Criminal Procedure Act; the victim by the agreement with the victim does not want to be punished by the defendant; the crime of this case is to take into account the case of concurrent crimes with the crime of embezzlement of embezzlement of which judgment became final and after Article 37 of the Criminal Act; the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime; and the circumstances that form the conditions for the sentencing specified in the arguments of this case.