A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who has been operating a transportation company C in the Hanam-gun B in the Hanam-gun of Hanam.

On July 1, 2012, the Defendant received and sold D 25 tons truck, which was operated by the above company, to the victim E, and at the same time leased it to the company, and the Defendant continued to operate it and provided 2.5 million won per month to the victim. On June 1, 2013, the Defendant also received and sold the F25 tons truck operated by the above company to the same victim with KRW 70 million. At the same time, the Defendant continued to lease it from the company and provided the victim with rent of KRW 2.2 million per month.

On January 2, 2017 to December 2, 2017, the Defendant disposed of 25 tons of freight truck, each of which is owned by the victim, in the cargo vehicle trading company located in Gangseo-gu Busan Metropolitan City, with the intention of the Defendant at KRW 55 million, including KRW 37 million and KRW 18 million, and then the Defendant consumed the total amount of the purchase money around that time.

Accordingly, the Defendant embezzled the amount of KRW 55 million of the above truck.

"2019 Highest 2826"

1. Around December 1, 2016, the Defendant: “Around December 1, 2016, the Defendant called the victim G to “a business is difficult.” If the operating funds are urgently needed, only one week will be used and repaid.”

However, the Defendant did not have money to pay KRW 45 million per day from another company on condition that the Defendant paid it in full. However, even if the Defendant borrowed KRW 50 million from the other company, the Defendant did not have an intention or ability to pay it after one week, as agreed.

The Defendant, by deceiving the victim as above, received money from the victim to C corporation account on the same day from the victim and acquired money from the victim as the borrowed money.

2. On October 10, 2018, the Defendant who forged a private document or affixed a falsified private document shall borrow money in relation to the foregoing paragraph (1).