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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 9, 2013, the Defendant, as a motor vehicle with automobile with B, was in the B office located in C in Sungsung-si, on or around February 9, 2013, received consignment from the victim D to pay KRW 58 million for the sales proceeds. On or around September 4, 2013, the Defendant sold the above car truck and received sales proceeds from the company bank account in the name of his/her father F, and embezzled arbitrarily for the victim by means of personal debt repayment, etc. while being kept in custody for the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes on contracts and transactions;
1. In light of the relevant legal provisions regarding criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommended punishment] Type 1 (the scope of punishment less than KRW 100 million) in the basic area (from April to January 1) [the decision of sentence], the agreement with the victim or the restoration of damage, etc., a sentence shall be imposed as per Disposition.