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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On June 12, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the method of Suwon, and the judgment became final and conclusive on October 6, 2015.
On November 201, 201, the Defendant presented to the victim D terms and conditions, such as “participation in business office operation, 50% of profits, and sale of all parts of vehicles generated from water,” etc., and recommended investment to the EF business office operated by the Defendant, which is a rental car company, and concluded a partnership agreement with the victim who consented to the agreement, and received KRW 90,00,000 from the victim. Around January 2012, the Defendant presented the above conditions of the partnership agreement with the victim, the Defendant proposed the Plaintiff’s acquisition for the purpose of the rental car business with the head office located in Young-gu Seoul Metropolitan Government G, and received KRW 150,00,000 from the victim, and thereafter, the Defendant received KRW 150,00,000 from the victim, while maintaining the relationship with the victim, and subsequently changed the trade name of the LAB to the LA and received the new vehicle from the victim, and received the new vehicle from the victim.
On October 25, 2012, the Defendant sold approximately KRW 20,00,00 from J to October 22, 2012, and received a total of KRW 100,850,00 from J from October 25, 2012 to November 22, 2012, and used it for personal purposes without settling it with the victim.
In addition, the Defendant used or disposed of property equivalent to the total market value of KRW 293,750,000, which was kept for the victim four times from July 18, 2012 to October 10, 2012, as indicated in the list of crimes, for personal purposes.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. The first trial protocol in this case;
1. Statement made by the police against D;
1. Investigation report (to hear statements from J);
1. Investigation report (to hear statements in K);
1. The details of each passbook transaction;