A defendant shall be punished by imprisonment for not less than eight 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 served as a middle and high sea with the victim B corporation and has been engaged in the business of trading in the middle and high sea.

1. On June 20, 2018, the defrauded stated, “Around June 2018, the Defendant: “Around June 20, the representative director of the Victim Company, would purchase a D Unmanned vehicle in KRW 29.5 million; would request the borrower to transfer the purchase price to E.”

However, in fact, the defendant did not think that he would purchase the above AD vehicle, and caused C to remit the purchase price of the vehicle to E, and then received the purchase price from E and was thought that the defendant would use it as a personal person.

Accordingly, the Defendant, by deceiving C, received KRW 29,50,000 from C to E as the purchase price of the vehicle from the victim company.

2. Around September 9, 2018, the Defendant: (a) sold the Fent Preferred Vehicle, the ownership of the victim company, to G in KRW 6,150,00,000; and (b) received remittance of KRW 6,150,00 for the purpose of the victim company; and (c) embezzled by using another debt owed to the victim company at his/her discretion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The details of each remittance and deposit and withdrawal;

1. The application of a redemption note, letter, text message1, a motor vehicle sales contract, a motor vehicle sale report, a motor vehicle registration certificate, or a statute and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (the point of fraud), the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Second crimes (Embezzlement in breach of trust) with the reason for sentencing under Article 62-2 of the Social Service Order Act, which have no basic field (6 to 100 million won) (6 to 6 months) of category 1 ( below 100 million won) (6 to 100 million won) (the scope of recommending punishment) of category 1 of the Social Service Order Act.