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

Criminal facts

On June 2010, the Defendant borrowed 35 million won from H, a bond company, at the Gangnam-gu coffee shop around July 28, 2010, and provided the said car arbitrarily as a collateral for the victim, while being requested by D to sell a consignment to the Fenz S600S car in an amount equivalent to 100 million won at the market price owned by the victim company.

Accordingly, the Defendant embezzled a passenger car owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (report accompanied by a copy of transaction statement);

1. The circumstances that are favorable to the defendant include: (a) confession of and reflects the reason for sentencing under Article 355(1) of the Criminal Act, and some of the circumstances that may be considered in light of the circumstance leading to the commission of the crime, etc. are favorable to the defendant.

On the other hand, the degree of damage suffered by the victim, such as the failure to recover the instant vehicle until now, and the fact that the Defendant has committed the same or similar property crimes such as one time of suspended execution due to embezzlement and one time of suspended execution due to theft, etc. is disadvantageous.

In addition, the Defendant’s age, character and conduct, environment, health conditions (e.g., extended transplant surgery on January 14, 201), existence and degree of profits earned from a crime, and the liquidity transaction protocol submitted by the defense counsel, as well as 14 pages, etc.