A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 13, 2015, the Defendant borrowed 11,00,000,000 won from the “C” and offered the said vehicle as security in the way of mind, from the time of having kept the said vehicle for the victim, the Defendant borrowed 11,00,000,000 won around the Ulsan-gun, Seoul Metropolitan City, Ulsan-do, Seoul-do, in the middle of December 2015.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a contract certificate, BMW financial application, and management lease agreement;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Type Decision] The basic field of embezzlement and breach of trust / [Determination in the recommended sphere] / [Determination in the recommended sphere] April / 1 to April / [the scope of recommended punishment] of the Defendant’s crime of this case is not good for the method and contents of the crime. However, the Defendant made confession and reflects, part of the amount of damage amount (11 million won) deposited, there is no record of punishment more than suspended execution, and other sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, and circumstances after the crime.