A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to occupational embezzlement at the Ulsan District Court on April 14, 2015, and the above judgment became final and conclusive on April 14, 2015.

1. On January 2013, the Defendant: (a) at the (ju) D office operated by the Defendant located in the Geum-gu Busan Metropolitan Government, the Defendant: (b) decided to take over F, which is a factory of the Hyundai Motor Vehicle Bail in Yangsan-si; (c) KRW 500 million is required as the down payment; (d) there is a lack of KRW 200 million among them.

In order to prepare acquisition price for a loan because of the real estate in the Geum-gu Busan Metropolitan Government, it is scheduled to pay KRW 200 million immediately after receiving the loan.

A scrap metal arising from a factory may be supplied as the price for acceptance is paid.

The reason behind the loan of KRW 200 million was that it would be repaid after two months.

However, in fact, the Defendant did not have a situation where he could take over F as he did not pay wages to the employees of D (State) due to the shortage of funds at the time, and even in the case of 8,413m2 in the name of D, which was offered as security to the victim, several senior mortgage or provisional seizures against financial institutions or individuals have no property value due to the establishment of a number of senior mortgage or provisional seizures against financial institutions or individuals, and since the financial institution was unable to repay its loans to the financial institution, the Defendant could not obtain additional loans as security, there was no intention or ability to pay the money borrowed from the victim.

On January 11, 2013, the Defendant: (a) by deceiving the victim; and (b) received KRW 200 million from the damaged party via a bank account (H) in the name of the Gyeong (State) around January 11, 2013.

2. On September 11, 2013, the Defendant presented a written agreement to accept I from the above victim at the same place as Paragraph 1 of the same Article and a written agreement to consult on the business with the above victim, and “The settlement relationship with I remains, and the right to receive the scrap metal sold in I has the authority to receive the scrap metal sold in I. As such, the Defendant will pay the scrap metal to B.