"2013 Highest 3528"

1. On September 6, 2013, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Busan District Court for embezzlement, and the said judgment became final and conclusive on the 14th of the same month.

A. A. the person who has filed an appeal on the same day and has been operating the "C" as a person who is currently in the appellate trial.

Around August 2011, the criminal defendant against the victim D, when he/she borrowed money from the Gangseo-gu Busan Metropolitan Government E "C" to the victim D as it is necessary to operate the company, he/she made a false statement that he/she will pay the victim's bank loan interest instead of the interest on the loan and pay the principal within three months.

However, the defendant was unable to operate the above company at the time, and even if he borrowed money from the victim because it is difficult to recover sales claims, he did not have the intention or ability to pay such money.

The Defendant received from the victim KRW 30 million around December 28, 201, KRW 8 million around December 24, 201, KRW 2.5 million around December 27, 201, KRW 4.5 million around April 25, 2012, KRW 3 million around April 25, 2012, KRW 2 million around April 24, 2012, KRW 4.5 million around April 13, 2012, and KRW 1 million around March 30, 2012, respectively, from each remittance. < Amended by Act No. 11758, Apr. 13, 2012; Act No. 11358, Mar. 30, 2012; Act No. 11383, Apr. 24, 2012; Act No

Accordingly, the defendant was given property by deceiving the victim.

B. Around January 3, 2012, the Defendant against the victim F made payment to the victim F of the raw materials from the “C” to the victim F. If the Defendant borrowed money due to the lack of the company operating expenses, he/she made a false statement that he/she would complete the payment to the Gu administration ( January 23, 2012).

However, the defendant was unable to operate the above company at the time, and even if he borrowed money from the victim because it is difficult to recover sales claims, he did not have the intention or ability to pay such money.

The Defendant received five million won from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

C. On January 11, 2012, the Defendant against the victim G was the victim at the Handphone agency located in the Busan Sho-gu H.