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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal record] On September 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court, and the judgment became final and conclusive on December 4, 2013. On December 26, 2013, the Seoul Eastern District Court sentenced one year of suspended sentence to be punished by imprisonment with prison labor for an occupational embezzlement, and the judgment became final and conclusive on January 3, 2014.
[Criminal facts] On July 1, 2005, the Defendant joined the DoW Doz, Inc., and served as a business member of the F exhibitionroom of the above company in Gangnam-gu Seoul, Gangnam-gu, Seoul, and engaged in automobile sales and collection business.
1. On July 20, 2012, the Defendant was on board the test to purchase new vehicles from the victim G, a customer who was aware of in the nearest FM market at ordinary times, and was on board the test.
HMW 740Li vehicle was sold and the sales proceeds were requested to be used as a new purchase price, and the above vehicle was sold through the business department of the above company and was transferred to the victim and was kept in custody for the victim. At that time, it was used arbitrarily for personal purposes, such as the Defendant’s repayment of loans.
2. On August 23, 2012, the Defendant entered into a contract to sell G and BMW 640Li vehicles with G to KRW 15.8 billion in the foregoing FM market on August 23, 2012, and used KRW 61,65,079 as the purchase price for the said vehicles.
However, when the Defendant embezzled the sales proceeds of automobiles to be used as the sales proceeds of G, as in the foregoing paragraph 1, and thus insufficient the sales proceeds of automobiles, he was willing to apply for a loan by raising the loan amount, even though he was given a loan from G through a vehicle installment company, and on September 3, 2012, using the “BM WW Press Loan Application/Agreement”, which only received a seal from G in advance from G in the pre-sale market on September 3, 2012, the Defendant applied for a financial application column for the said application.