횡령등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On February 2, 2015, the Defendant arranged the victim C’s office located in Suwon-gu, Suwon-si, Suwon-si to allow the victim to rent pumps at the construction site of five construction sites, such as E, in both cities where D is working, and was delegated by the victim the above rent for the pumps.
On February 11, 2015, the Defendant received KRW 800,000 from D with the pump rent from D to the Defendant’s account (F) with the Defendant’s name, and used it for the victim’s personal use, such as living expenses, in Seoul and Mine Pung-si.
From around that time to July 11, 2015, the Defendant consumed the pump rent of D from D with the total sum of KRW 19 million of the pumps rent stored for the victim, as shown in the list of crimes in the attached Form.
Accordingly, the defendant embezzled the victim's property.
2. On January 20, 2015, the Defendant, at the vehicle level of the victim’s company located in G at the time of the Sistituty around January 20, 2015, demanded that “the construction should be ordered at the time of Sejong, and H, a field controlled entity, demand that KRW 25 million be paid the down payment.
There is no money within the construction work.
The construction will proceed with the construction of 15 million won which is incurred by the loan of 10 million won.
The down payment can be refunded in 5 million won by quarter during the process of construction work.
“A false representation was made.”
However, even if the defendant received the money from the victim, he did not think that he would pay the money as a down payment to the above H, and there was no intention or ability to pay the above money to the victim.
Nevertheless, the Defendant received from the injured party a transfer of KRW 10 million to the flood control account under the name of the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of the police statement with respect to C.