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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal record] On September 28, 2016, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of embezzlement in the Daegu District Court’s Port Branch, and the judgment became final and conclusive on October 6, 2016.
[2] On February 12, 2014, the Defendant: (a) at the front wharf of the Korea Marine Environment Management Corporation located on the north-gu coast of 44-10, the victim B is running a water supply business to the sea-going companies, such as C companies; and (b) it is necessary to expand the business.
The interest on the third part of the month shall be paid at the time of lending money, and the principal shall be repaid until December 31, 2016.
‘False speech' was made.
However, even if the defendant received money from the injured party due to the situation in which he had worked as the representative director at the time when he was used for personal purposes, he did not think that it was used for the purpose of living expenses, apartment down payment, purchase of vehicles, repayment of personal debts, etc., and did not think that it was used for the operation and expansion of the above company.
The Defendant received 60 million won from the injured party to E account in the name of the Defendant on the same day. From around that time to September 25, 2015, the Defendant received a total of 120 million won from the injured party on 12 occasions, such as the list of crimes in the attached Table, from around that time.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A report on investigation (a confirmation of the counterpart user of the suspect);
1. Verification of transaction details, a certificate of deposit transaction, a certificate of deposit without passbook, and a statement of account transaction;
1. Previous convictions: Inquiries about criminal history and reporting of investigation (a confirmation of the content of the crime committed by each suspect at the time of this case);
1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);
1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that the sentencing of Article 39(1) is erroneous.