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

Punishment of the crime

The defendant was in a position to manage the Company Fund under the responsibility of the defendant while operating the Company E (F) as a joint investment with the victim D, etc.

The Defendant, while operating the said Company, purchased a cargo vehicle through a loan, and got profits from selling it at a low price with a premium attached to a fluorgator, etc., on March 20, 2012, the Defendant promised with the victim by taking a loan of KRW 76 million from a BS Capital Capital in the name of the victim at the office of the said company located in Mapo-gu Seoul Metropolitan Government, and by taking a loan of KRW 76 million in the name of the victim at the office of the said company located in Mapo-gu, Seoul, the Defendant promised with the victim to give preferential repayment to the loans that the victim borrowed from the said Capital immediately upon receiving the proceeds from selling the said vehicle.

After that, on March 29, 2012, the Defendant sold to I one of the H cargo vehicles purchased as above, and took over the above vehicle price of KRW 89.5 million to a post office account under the J and kept for the victim, the Defendant embezzled KRW 76 million out of the proceeds of the sale of the above vehicle by voluntarily consuming it for personal use, transaction partner payment, etc. without paying the above loan under the victim’s name.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, J and K (in the case of J and K, each part);

1. Each protocol of examination of the suspect against the defendant or K by the prosecution (including part of the defendant's interrogation and the part of the J);

1. Each police suspect interrogation protocol against I, J, or K;

1. Each police statement concerning D;

1. Notice of the loss of time limit:

1. Certificate of automobile transfer;

1. Automobile register;

1. A statement of transactions in post office accounts;

1. A statement of account transactions in the Japanese bank;

1. Application of Acts and subordinate statutes concerning the transaction statement of the agricultural bank account;

1. The defendant asserts that not only the relationship of custody of the proceeds from the sale of the vehicle in this case was not formed but also the intention of embezzlement was not made between the victim and the judgment on the pertinent provision of the relevant criminal facts and the claim of Article 355(1) of the Criminal Act regarding the selection of punishment.

this Court.