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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant of "2016 Highest 1605" is a person who engages in trading or trading of used cars.
1. Embezzlement;
A. On October 2, 2015, the Defendant committed the crime against the victim C, at the E-S. seller of the E-S. E-S., the seller of the vehicle, requested the sale of the Fone Starex, which is owned by the victim C, and paid 3 million won as the down payment to C. On the same day, the Defendant sold the said 12.3 million won as the sales proceeds to H of the G-S. on the same day, and was transferred to the bank account in the name of the Defendant’s wife, and embezzled it without returning it to C, and then arbitrarily consumed for personal debt repayment and living expenses, etc.
B. Around December 2015, the Defendant: (a) received a request from the VictimJ to sell a Mab Poter, which was owned by J, and sold the said Mab Poter to another place on December 2015; and (b) deposited the said 5,500,000 won from the said I’s bank account in the name of the said I; (c) without returning it to the J; and (d) embezzled the said 5,500,000 won from personal debt repayment and living expenses.
C. Around January 29, 2016, the Defendant: (a) requested the Victim N to sell a N-owned Preemptive car at the Victim N’s House located in the Jeju Island; and (b) sold it to H on the same day; and (c) deposited KRW 3 million from the sales proceeds to the Jeju Bank account in the name of the said I; (d) did not refund the money to the victim; and (b) embezzled for voluntary consumption due to personal debt repayment, living expenses, etc.
On April 27, 2016, the Defendant: (a) requested the Victim Q to sell TYFstya car owned by Q from the Victim Q before the Sky Center located in RR at Jeju on April 27, 2016; and (b) paid KRW 3 million to Q first; and (c) sold the said car to N, which is the secondhand Dr N on April 28, 2016, and deposited KRW 8,350,000 in the account in the name of the Jeju Bank in the name of the said I.