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A defendant shall be punished by imprisonment for four months.
However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final.
Reasons
Punishment of the crime
[2019 Highest 1027] On August 30, 2018, the Defendant posted a false phrase “O.Z. Rael L, 19 L/ L/L, 19 L/ L/L/L, 1 month in which straws are installed, and 19.50,00 won for 1.5 million won for 200,000 won for 30,000,000 won for 1.8,000,000 won for 30,000,000 won for 30,000,000 won for 30,000 won for 30,000 won for 30,000 won for 30,000 won for 30,00
However, even if the defendant receives money from the injured party, the defendant did not have a wheel in the higher rank similar to the new items in the same condition as the above gate, and there was no intention or ability to deliver it.
Nevertheless, on August 31, 2018, the Defendant received KRW 1.8 million from the injured party to the Saemaul Treasury (G) account in his/her name.
Accordingly, the defendant was given property by deceiving the victim.
[2019 Highest 1435] On May 2017, the Defendant was requested from the victim H to sell her second class after completing the repair and restoration of wheel chairss of 4,500,000 won at the market price owned by the victim (HRE 22, 547R 22).
The Defendant, on behalf of the victim, kept the wheelchairs and liftss of the instant vehicle in need of painting within the “D” store of the Defendant’s operation in Sinsan-si. From August 2018 to September 2018, the Defendant received KRW 2 million as the sales proceeds of the instant vehicle wheelchairs from I who reported and contacted the Fsite from around September 2018, and sent the wheel, and then arbitrarily consumed the said amount for public charges and operating expenses.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
[2019 Highest 1027]
1. Statement made by the witness B in the second public trial protocol;
1. Part of the witness J’s statement to the Defendant in the prosecution’s interrogation protocol B, K, and J’s each written report of internal investigation (Attachment of e-mail data), investigation report (record of the witness’s K phone statement).