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

Punishment of the crime

【Criminal Power】 On June 8, 2018, the Defendant was sentenced to one year and ten months of imprisonment for embezzlement, etc. at the Daegu District Court, and the judgment became final and conclusive on August 30, 2018.

【Criminal Facts】 The Defendant is a person who operates a “C” as a used vehicle dealer in Daegu-gu B.

On January 21, 2016, the Defendant was requested by the victim D to sell the E-benz automobiles in an amount equivalent to KRW 25.3 million at the market price owned by the victim.

On December 9, 2016, the Defendant sold the said car to F and embezzled 20 million won for personal purposes, such as repayment of debts, etc. around that time while the Defendant kept the said car as sales proceeds for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Details of financial transactions and investigation reports (the result of the execution of a warrant for seizure, search and inspection);

1. A certificate of entrustment of sale or purchase of used cars, register of automobiles;

1. Previous records of judgment: Application of three copies of criminal records, investigation reports, court rulings, and other relevant Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The grounds for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are not good in light of the background, method, amount of damage, circumstances after the crime, etc. of this case; the damage recovery has not yet been made up until now; on the other hand, the defendant is against himself while committing the crime of this case; the defendant was able to be tried with the crime of embezzlement, etc.; and other circumstances shown in the argument of this case are considered.