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As to the crimes of the accused, crimes of paragraphs (1), (2) and (4) shall be punished by imprisonment for not less than two years and six months, and crimes of paragraph (3) of this Article.
Reasons
Punishment of the crime
[Criminal Justice] On May 15, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Suwon District Court on May 23, 2009, and the judgment became final and conclusive on May 23, 2009. On June 23, 2011, the Seoul East East District Court sentenced two years of suspension of the execution of eight months of imprisonment with prison labor for fraud, and became final and conclusive on July 1, 201.
【Criminal Facts】
Above 2012 highest 2430
1. Around April 5, 2010, the Defendant: (a) at the so-called “Saeongdong coffee shop,” the Defendant: (b) assisted the transfer of the right to remove scrap iron of the Ma building located in Busan Metropolitan City, which was located in the removal corporation; and (c) assisted the transfer of the right to remove scrap metal of the Ma building located in Busan Metropolitan City, which was located in the removal corporation; and (d) delivered the price to the CC, the transferor company.
From April 5, 2010 to April 12, 2010, the Defendant received KRW 1.2 billion from the Victim Company to the Defendant’s deposit account, which is the removed company run by N, the Defendant’s branch, and embezzled KRW 1.3 billion from April 5, 2010 to April 12, 2010, using the Defendant’s personal purpose without paying KRW 45 million to the Defendant’s personal purpose.
2. The criminal defendant against the victim P did not have the authority to collect scrap metal, scrap metal, etc. generated in the process of removal of Q in Songpa-gu Seoul. Thus, the defendant could not transfer the right to collect scrap metal, scrap metal, and scrap metal generated in the process of removal of Q to another person.
Nevertheless, around April 27, 2010, the Defendant received from the victim P the amount of KRW 190 million to the Defendant’s deposit account, which is the Defendant’s land, on the same day. However, the Defendant received from the victim P the money to receive KRW 190 million from May 1, 2010.