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

Punishment of the crime

The defendant is a person who works as a salesman in the modern vehicle located in the subordinate city, and is currently engaged in the business of supplying experimental equipment and materials.

1. On March 14, 2013, the Defendant received 14,853,600 won from the victim B to the Defendant’s SC Bank account for the purpose of the installment payment before maturity of the vehicle from the victim B, who purchased two vehicles by telephone from the Defendant, on the same day on the same day, and used the vehicle for personal purposes, such as the purchase cost of test equipment and materials.

2. On April 9, 2013, the Defendant received 33,600,000 won from the Defendant’s SC Bank account to the Defendant’s SCB account for the purpose of purchasing used vehicles on the same day by stating that “A victim who engages in the second-hand export business via telephone has secured a second-hand freight vehicle.” On the same day, the Defendant arbitrarily consumed the Defendant for personal use, such as the purchase cost of experimental equipment and appliances, etc.

Accordingly, the Defendant spent a total of KRW 48,453,600 on two occasions, and embezzled the victims’ property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. A list of the certificates of transfer of Internet banking;

1. A letter of default in cash;

1. Automobile registration certificate;

1. Official receipt;

1. Application of Acts and subordinate statutes concerning transaction details (D);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes for a victim C with heavy penalty) [the scope of applicable sentences] : one month to seven years and six months [a] of imprisonment ; (b) embezzlement breach of trust ; and (c) a person under special mitigation 1 [a person under special mitigation ] who is not subject to no: (d) imprisonment / [a scope of recommending punishment] 4 months to one year and four (basic area).