A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Incheon District Court on August 20, 2008. On September 3, 2009, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the same court on September 3, 2009. On January 17, 2011, the Defendant was a person who had the same criminal records and several times of criminal records in the Ansan Prison in addition

On October 15, 2012, the Defendant had been operating the Dou A6 vehicle owned by the victim for a day under the condition that the Defendant would pay a rent of one million won to the victim C who became aware of through B at the coffee shop near the Goyang-dong, Seoyang-gu, Mangdong-gu, Mangdong-gu.

On October 2012, the Defendant embezzled the above A6 vehicle of KRW 30 million at the market price of the victim, by offering the above AD A6 vehicle as security, while borrowing KRW 10 million from the bondholder on the name of the victim while the Defendant kept the AD A6 vehicle in custody of the victim, at a place where it is not possible to know the place where the Defendant could not know.

Summary of Evidence

1. Examination protocol of suspect as to public prosecutor and police preparation B;

1. Examination of the suspect against the defendant prepared by the police (Evidence No. 18);

1. C’s statement;

1. A certificate;

1. An investigation report (report attached to the National Bank Account B, and confirmation of suspect B immigration records);

1. Previous convictions indicated in judgment: Investigation of criminal records, previous convictions, report on results of confirmation, application of Acts and subordinate statutes to the number of individuals and accommodation status;

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

1. Sentencing Criteria for sentencing under Article 35 of the Criminal Act among repeated offenders: Embezzlement Misappropriation, Type 1 (less than 100 million won), basic area, and Defendant repeated the instant crime during the period of repeated crime due to property crimes, and attempted to manipulate evidence relations, such as actively taking witnesses, while asserting that the instant vehicle was returned to B during the investigation process, and several times including imprisonment for property crimes.