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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On February 2, 2010, the Defendant made a false statement to the effect that, “D’D located in Ulsan-gu, Ulsan-gu, Seoul-do,” the Defendant lent KRW 25,000,000 to the victim E the opening funds necessary to open a place of view in front of the Ulsan-do University, she will be able to maintain stability, and be transferred to an industrial pen agent.” Moreover, the Defendant would be able to repay the loan funds to another person.”
However, at the time of fact, the Defendant did not have any property or income and did not use the money from the lending company as the main business expense with the loan and the main business expense with the loan and did not have any separate accounts, so there was no intention or ability to pay the money properly even if he borrowed money from the victim.
Nevertheless, the defendant deceivings the victim as above and obtained 25,000,000 won as the borrowed money from the victim, thereby deceiving the victim.
2. From October 14, 2010 to May 4, 2011, the Defendant: (a) worked as an employee in the “GMoel” operated by the victim E located in the Ocheon-gu, Ocheon-gu, Gyeonggi-do; and (b) took overall control of the franchise business including the management of the profits and the expenditure of the fund.
On October 18, 2010, the Defendant voluntarily consumed the amount of KRW 80,000 from customers to his own bank account (H) while making a deposit of KRW 80,00 in the course of performing his duties on behalf of the victim, and used it to pay his personal debt.
In addition, from around that time to January 31, 201, the Defendant arbitrarily consumed KRW 23,673,00,000 from the victim’s own account by the same method over 92 occasions, and embezzled the amount of KRW 11,567,60 for his own personal debt, etc.
Summary of Evidence
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