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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On October 7, 2011, the Defendant may lend KRW 25 million to the victim B at the victim’s house near the kne station located in Gangnam-gu Seoul Station, Gangnam-gu, Seoul.
It is intended to lend KRW 280,000 to the face value of 25,000 won at the expense of notarial acts, etc.
“The phrase “ was false.”
However, even if the defendant received the above money from the injured party, he thought that it will be used as personal debt repayment and living expenses, and he did not have an intention or ability to execute the loan to the injured party by using it as the expense for the loan.
Nevertheless, the Defendant deceiving the victim as above and received KRW 300,000 from the victim on the same day on the same day, and, from May 14, 2015 to May 14, 2015, acquired the victim’s total sum of KRW 26,20,00 from the victims on four occasions, such as the first list of crimes in attached Form 1.
2. From May 11, 2013 to June 10, 2015, the Defendant has been engaged in the duties of operating and managing the announced personnel and rents of the victimized person while working as a general E job in Seocho-gu Seoul Metropolitan Government, operated by the Victim C.
On February 7, 2015, the Defendant received rent of KRW 3 million from F, a tenant of the above 401, to an enterprise bank account in the name of the Defendant, and kept it for the victim. Around that time, the Defendant arbitrarily used it for personal purposes. From that time to May 19, 2015, the Defendant received and retained KRW 6,570,000 in total seven times as shown in attached Table 2 of the List of Crimes.
Accordingly, the defendant embezzled the property of the victim while on duty.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Each police statement concerning G, H, C, I, and B;
1. Written statements of J, K, L, M, N, and F;
1. The issuance of a certificate of transfer confirmation, inquiry of the details of passbooks, details of entry and withdrawal transactions, each letter, details of transaction, details of transaction, and confirmation of the results of transfer shall apply to the law.