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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
1. While the Defendant was engaged in the business of buying and selling used cars, on 2006, the victim G and the victim entered into an agreement with the Defendant to raise funds for used cars and to divide the profits between the Defendant and the victim after purchasing, repairing and selling used cars.
Under such agreement, while the Defendant received money from the injured party for the purpose of purchasing used cars to a new bank account under H’s name, the Defendant arbitrarily embezzled the money of KRW 24 million on October 21, 2010, and KRW 35 million on October 22, 2010, and the sum of KRW 35 million on October 22, 2010, to I as an investment in the sanatorium for the elderly convalescent hospital.
2. In a place where it is unknown on January 201, 201, the fraud Defendant: (a) demanded the settlement of the principal of investment and profits pursuant to the above-mentioned business agreement; (b) the victim demanded the settlement of the principal of investment and profits pursuant to the above-mentioned business agreement, “The victim purchased and sold an amount equivalent to KRW 200 million out of the amount of investment that he/she suffered from damage; (c) will settle the principal of investment by facilitating
“.......”
However, at that time, Defendant 1 did not own a heavy amount of KRW 200 million, and it did not generate profits from a heavy-scale transaction because it did not cause a heavy-scale transaction, and thus, Defendant 2 paid the victim a partial profit as a result of the victim’s existing investment funds to the victim. Therefore, even if Defendant 2 received additional funds from the victim for the purchase of used cars, it did not have any intent or ability to generate profits from the purchase of used cars.
The Defendant, by deceiving the victim as such, received delivery from the victim’s victim (i.e., the maximum amount of KRW 100 million) on February 15, 201, and remitted the total amount of KRW 91,026,000 from the said account to H and J from February 15, 2011.
Summary of Evidence
1. Part of the defendant;