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 22, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment for embezzlement at the Incheon District Court on July 2, 2016, and the said judgment became final and conclusive on October 28, 2016, and is currently in the grace period.

1. The Defendant is a person who operates “C Motor Vehicle Sales Co., Ltd.”.

The Defendant, around October 201, at around the Incheon Yeonsu-gu, and around 1303 Dong-dong, made an investment in the middle trading of “the middle trading” to the victim at a mutual influent drinking house near the Dong-dong, Yeonsu-gu, Incheon.

One half of the principal guarantee and profits will be paid.

“Finally false.”

However, there was no intention or ability to divide the profits to the victim, because it was planned to make an investment in the lending business by receiving money from the victim and to use the profits to pay the personal debts of the defendant.

On December 23, 2011, the Defendant, by deceiving the victim, was transferred KRW 47.5 million to an enterprise bank account in the name of the Defendant to the victim.

2. On August 28, 2013, the Defendant embezzled by arbitrarily delivering the Defendant’s debt amounting to KRW 25 million to the obligee around February 2014, in order to repay the Defendant’s debt amounting to KRW 25 million to the obligee, when the Defendant received a request from the victim E to succeed to the lease of the said vehicle under the victim’s name from the victim E at the “C Motor Vehicle Sales Company” in the Seo-gu Incheon Metropolitan City F and A213.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (in the case of a witness H and currency);

1. A complaint, inquiry about details of transactions, and a motor vehicle transfer certificate;

1. The application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of the date of the second order 2016, the date of the final order 2346, and a copy of the decision 3005, No. 2016

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment, respectively, for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.