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A defendant shall be punished by imprisonment for four months.
Reasons
Criminal facts
The Defendant is an operator of the “B” of crowdfunding and small products selling company in Songpa-gu Seoul, and the victim C is a merck business and a dsp lending company (D) at the time of netcheon-si.
Around August 7, 2018, the Defendant entered into a contract to supply volume of KRW 120,000 to the victim for KRW 27,000,000,000, and received the payment from the victim by August 20, 2018. On October 24, 2018, the Defendant agreed to receive 11,00,000,000,000 from the victim by return of KRW 11,50,00,000.
While the Defendant, upon agreement, has been in custody of 11 punishment for the victim on November 23, 2018, the Defendant received KRW 6050,000 from E for the sale of 3 punishment and used it for personal purposes, such as credit card payment, etc. on or around November 23, 2018, and received KRW 3080,000 from F on or around November 23, 2018 and December 20, and used it for personal purposes, such as repayment of debt, etc., and returned 6 punishment to “G” where the Defendant supplied 2 punishment to the Defendant on or around December 12, 2018 and was not paid the balance of KRW 8 million.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the complaint;
1. Penalty provisions: Article 355 (1) of the Criminal Act (Selection of Imprisonment with prison labor);
1. Aggravation of Concurrent Crimes: The sentencing period under the former part of Article 37 and Article 38 of the Criminal Act / [type] / The basic area of embezzlement and breach of trust (a less than 100 million won) / the basic area of the 4th month or 1 year and 4th month [a general person] - In the case of embezzlement, the principal punishment shall be determined in consideration of the following factors: (a) in the case of embezzlement crime / within the recommended range set forth in the sentencing guidelines / [a sentence] the case of “H” supply, for which the Defendant sought to stop from returning, makes it difficult to recover; and (b) so, the punishment has not