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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud;
A. A. Around October 28, 2013, the fraud Defendant stated to the effect that “B” manpower offices located in Ulsan-gu, Ulsan-gu around October 28, 2013, “B will, even before, engage in doing work in light of the light, and at the time after the completion of the work, will be repaid” to the victim C.
However, in fact, the defendant was merely about KRW 600,00,000 monthly income at the time, while the monthly expenditure was about KRW 1 million, and thus there was no intention or ability to repay the monthly income even if he borrowed money from the victim.
The Defendant, as above, by deceiving the victim, received two million won from the victim.
B. Around December 3, 2013, the defrauded stated that “Around December 3, 2013, the Defendant would pay the victim C after the completion of the construction work, if the mining industry is delayed, and the additional expenses are lent.”
However, the defendant did not have any intent or ability to repay the above even if he borrowed money from the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 1 million on the same day from the victim, and received KRW 1 million around December 16, 2018.
2. Around January 2014, the Defendant received a request from the victim D and E to the effect that “The victim D 3 million won borrowed from C and the victim E 2.5 million won borrowed from the victim E” was changed to the victim’s transfer to C.
While the Defendant kept a total of KRW 5 million for the victims, he/she consumed the total amount of KRW 5.5 million for personal use, such as living expenses, in Ulsan City Council members around that time.
Accordingly, the defendant embezzled the victims' property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes governing D's confirmation of facts
1. Articles 347(1) and 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 15(1) of the Criminal Act, respectively, concerning the crime.