A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 3, 2013, the Defendant received a request from the Victim C to sell Einti Fx30d vehicle at the market price equivalent to 79,700,000,000 won, which was leased by the Defendant from the Defendant on June 6, 2012, from the first patroler Korea (State) who was the representative of the Defendant, from the Defendant.

At around 14:00 on March 5, 2013, the Defendant, at the request of the victim in front of the used cars trading complex located in YY-dong, Busan, and kept the said motor vehicle for the victim. On or around 14:30 on the same day, the Defendant disposed of the said motor vehicle to J through H and I, a used cars dealer, at the “G” office located in front of the said used cars trading complex, through H and I. On March 5, 2013, the Defendant arbitrarily consumed the said motor vehicle for the Defendant’s sale proceeds, such as having H transfer the Defendant’s creditor K a total of KRW 16 million on March 6, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Application of the comprehensive details of vehicles, details of free savings deposits, and statutes governing the details of transactions of free savings deposits;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including cases where a vehicle was returned to a leasing company and the amount of damage is less than the amount of damage, and there is no criminal record of suspended execution of imprisonment or more

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;