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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On January 18, 2017, the Defendant was sentenced to four months of imprisonment and two years of suspended execution for fraud at the Incheon District Court, and the above judgment became final and conclusive on June 22, 2017.
The Defendant is a person who, from November 7, 2013 to September 25, 2016, has been engaged in a heavy and high-speed trading business from a private person C to a private person in the middle and high-speed trading of the victim B.
1. Occupational embezzlement;
A. On July 7, 2015, the Defendant, at the C office located in Seo-gu Incheon, Seo-gu, Incheon, issued the 111,00,000 won of the 3rd class purchase fund to the Defendant’s account, and kept it for business purposes. From around that time to August 14, 2015, the Defendant embezzled KRW 7 million out of the above money for personal purposes, such as living expenses.
B. On August 14, 2015, the Defendant received KRW 7.6 million from the injured party’s first class purchase fund from the Defendant’s account and kept it for business purposes. From around that time to August 14, 2015, the Defendant embezzled KRW 7.6 million for personal purposes, such as living expenses.
2. The Defendant, on August 25, 2016, sent KRW 21,70,000,00 to the victim under the pretext of a down payment to purchase at the level of KRW 45,00,00 from F located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, by telephone, “Wenz E30,000 vehicles at the level of KRW 45,000.”
In a false manner, the aforementioned vehicle and the photograph taken of the registration certificate were sent to the victim’s cell phone.
However, the defendant did not have any intention or ability to purchase the above vehicle for the purpose of the victim's operation C.
The Defendant, as such, by deceiving the victim, received KRW 21.7 million from the victim to the vehicle owner account as the down payment for the said vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officer in G;
1. Statement made by the police against B;
1. Copy of the police statement made to H;
1. Business registration certificate, resume, certificate of transfer confirmation, registration certificate, details of transfer, certification of details, and details of each account;
1.Each.