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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. The Defendant, a used car dealer, managed the funds of the said company while operating the victim B, a used car dealer.
A. On January 6, 2015, the Defendant voluntarily used KRW 86,591,086 in total on 61 occasions from January 6, 2015 to September 13, 2015, including the Defendant’s use of KRW 632,350 as the card price in the Defendant’s female-friendly district, from January 6, 2015 to September 13, 2015.
Accordingly, the Defendant, while keeping the property owned by the victim in the course of business, embezzled it.
B. On November 29, 2015, the Defendant sold the DM5 car owned by the victim to E at the victim’s office B, Inc., and voluntarily transferred KRW 1.3 million around November 30, 2015 to the Defendant’s agricultural bank account on December 28, 2015, and used KRW 3 million around December 28, 2015 to the Defendant’s agricultural bank account under the Defendant’s name.
Accordingly, the Defendant, while keeping the property owned by the victim in the course of business, embezzled it.
(c)
On December 31, 2015, the Defendant sold the F-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
Accordingly, the Defendant, while keeping the property owned by the victim in the course of business, embezzled it.
2. On December 2014, the Defendant: (a) purchased used cars with money borrowed from the injured party, and (b) took the view that “if the funds for vehicle purchase are insufficient; (c) there are money borrowed or borrowed money in the future, the Defendant would have to repay the borrowed money without fail; and (d) he would have paid the borrowed money with money borrowed from the injured party within the time limit; and (e) he would have paid the borrowed money properly.”
(b).