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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
On December 1, 2011, the Defendant was sentenced to six months of imprisonment for occupational embezzlement at the Incheon District Court, and the judgment was finalized on July 19, 2012.
On February 2, 2012, the Defendant made a false statement to the victim C at a place where it is impossible to identify the address of the Simsan-si, Yongsan-gu, Mangsan-si, and the address of the victim C, stating, “I will return money within three months if I would like to return money if I would like to lend 50 million won or more to Chinese tourists, I would not know about the person who would be in Busan. I would like to handle VIP in Busan, and will return money to I would return money if I would return it to Seoul. I would return it within three months.”
However, in fact, the Defendant did not engage in the tourism-type business for Chinese tourists in Busan, and embezzled the intermediate payment of KRW 37 million out of KRW 50 million in relation to the intermediate payment related to the goods relay contract received from the New World on April 21, 201, and on December 1, 2011, the Defendant did not have any intent or ability to repay the amount of money within three months even if he/she borrowed money from the victim because there was no property or income that was sentenced to six months by the Incheon District Court due to the crime of occupational embezzlement on December 1, 201.
The Defendant, as above, deceiving the victim, and deceiving him/her from the victim on March 6, 2012, KRW 10 million, and KRW 6 million on March 14, 2012, the amount remitted to the Defendant on March 14, 2012 is KRW 8 million.
However, around that time, the defendant exchanged the amount equivalent to 2 million won into urbical currency and paid 2 million won to the victim separately from 8 million won remitted to the defendant on March 14, 2012, but the victim did not submit objective data.