횡령등
1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;
Punishment of the crime
[2014 Highest 377 Embezzlement] The defendant is the representative director of C corporation.
On April 10, 2013, the Defendant entered into a lease agreement with the victims of social services Korea Co., Ltd. and the FMW GT car owned by the victims, which set the lease fee of KRW 2,239,854 per month, and the lease period of KRW 36 months, to lease the said car in the name of C. On the same day, the Defendant received the delivery of the said car and kept it for the victims.
The Defendant, on behalf of the victim, embezzled the said car as security by borrowing KRW 30,000 from G on November 4, 2013 while keeping the said car in custody amounting to KRW 82,30,000,000 for the victim.
[2014 Highest 536 Fraud] On October 28, 2013, the Defendant made a false statement to the effect that “h-BEM is to be supplied to the victim H at the office of Minepo-si, Inc. located in front of the Central Library in Seoan-si on November 28, 2013.” On November 1, 2013, the Defendant prepared 100 tons of all materials, such as H-BEAM and I-type lectures, at the Pyeongtaek-si office located in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si. The Defendant prepared for all 10 tons of the materials, such as H-BEM and I-type lectures. To arrive at the place designated by the victim from November 5, 2013 to November 6, 2013.”
However, at the time, the Defendant failed to prepare the above materials, and the circumstances of the Defendant and the Defendant Company C operated were not good, and thus, the Defendant was unable to pay monthly wages to employees. The Defendant was expected to receive money from the victims, and there was no other intent or ability to supply the above materials.
As such, the Defendant, by deceiving the victim, received KRW 11,00,000 from the victim on October 28, 2013, KRW 24,00,000 on November 1, 2013, and KRW 44,00,00 on November 2, 2013, as well as KRW 44,00,00 on deposit in the account under the name of the Defendant.
Summary of Evidence
[Embezzlement 2014 Highest 377 Embezzlement( Daejeon District Public Prosecutor's Office of District Public Prosecutor's Office, Law No. 4199)
1. Statement of the accused in the second protocol of trial;
1. The police of the defendant.