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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant served as a business director of a stock company B from February 2017 to September 2017.
1. The Defendant, with the knowledge that C’s director D embezzleds KRW 5,30,00,000,000 to be sent to C Co., Ltd., and that the fact was revealed, the victim sent KRW 1,80,00 to B Co., Ltd. as contract deposit and sent an additional amount of KRW 3,50,000,000, by taking advantage of this, acquired the above 3.
On June 2017, the Defendant made a false statement to the effect that “A stock company B should pay the price to the other company, which is known to him/her, shall pay 3.5 million won in the name of the contract deposit.”
However, in fact, the defendant was planned to use the money from the victim for living expenses, and there was no intention or ability to pay the money to the other party of the corporation B with the money received from the victim.
The Defendant received a total of KRW 3,500,000 from the victim to the F Bank Account (G) in the name of E.
Accordingly, the defendant was given property by deceiving the victim.
2. On April 24, 2017, the victim B Co., Ltd. entered into a contract with C for the installation of 510 million won of the contract amount and clock machinery and equipment at KRW 510 million.
Although the Defendant, as a business director of the victim company, has a duty to normally carry out and maintain the above contract, it is difficult to carry out the above contract with C any longer than C because the victim company was entrusted with the construction of a military unit at the time of hearing around July 2017. The Defendant, as a business director of the victim company, refers to the false fact that it is difficult to carry out the above contract with C any longer. It is also difficult to introduce another company to enter into a new contract. It is possible to introduce another company to enter into the contract, such as introducing the representativeJ of I to cancel the above contract. The Defendant acquires the non-profit through the conclusion of the contract and the victim.