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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

From January 201, to June 18, 201, the Defendant was engaged in the delivery service of the instant company as a selective pilot of the E agency operated by the victim D in Pyeongtaek-si C, which was operated by the victim D.

On June 18, 2011, the Defendant, at the foregoing agency around 21:00, kept 18 million won for the victim on its business, provided the said vehicle as collateral and embezzled by offering it on June 28, 201, when he/she received a loan of KRW 3 million from a lending business entity under his/her name-free circumstances at the time of the above temporary closure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on a copy of motor vehicle registration certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The sentence is to be rendered in the same way as the disposition, considering various factors of sentencing including the defendant's age, occupation, and criminal records, including the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act recognizes the crime and the defendant agrees with the victim.