A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 2013, the defendant was requested by D Agent operated by the defendant in Chungcheongnam-si, Chungcheongnam-si, the defendant sold and promised to sell the above 16 million won of the above Track.

On November 7, 2013, the Defendant sold the Trackor in KRW 14.5 million and kept the above sales proceeds for the victim, and around that time, the Defendant arbitrarily used the above sales proceeds as a fund for business operation, such as repayment of debts to F, in the vicinity of the Chungcheongnam-si.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor and police interrogation protocol of the accused (including the record of the E statement);

1. Statement to E by the police;

1. A written request for financial transaction information and each detailed statement of transactions;

1. Each investigation report (including attached documents) [the defendant claimed that the defendant was the victim's skid's owner and sold the Trackter because he did not receive the price, and that there was no criminal intent of embezzlement. However, regardless of the skid's owner, the victim E consistently stated that regardless of the skid's owner, the defendant was responsible for selling the Trackter and was paid the price. At the time, the defendant was responsible for the victim's liability much more than the market price, but the victim did not seem to have transferred the Trackter with the intent of reducing the price without any condition. The defendant embezzled the Tracter price in such circumstances.] The application of the law and regulations can be acknowledged that the defendant embezzled the Tracter price.

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The amount of money embezzled by the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is reasonable and does not agree with the victim separately.