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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud;
A. Around March 25, 2013, the defrauded of the borrowed money: “Around March 25, 2013, the Defendant made a false statement to the victim C that “on the grounds that there is no money to discharge the friendly Gu hospitalized in the hospital because of the lack of money to release the hospital. If the Defendant borrowed KRW 5 million, she would have the friendly Gu discharged the money with the money and then prepare for a warehouse that can perform the factory business by adding the amount of KRW 10 million to the borrowed money.”
However, at the time of fact, the defendant's friendship was not hospitalized in the hospital, and the defendant was not only a bad credit holder at the time, and even if he borrowed money from others without any particular property, he did not have any intention or ability to complete payment.
The Defendant received 5 million won from the damaged person to the account in the name of the Defendant on the same day from the damaged person as the borrowed money.
B. On April 2013, the Defendant acquired the additional purchase cost of manufacturing machinery, thereby making a false statement to the victim C, stating that “A further purchase of manufacturing machinery is to be made, and the cost is to be incurred.”
However, the defendant did not intend to purchase manufacturing machinery.
The Defendant received from the injured party the total amount of KRW 30 million on April 9, 2013, and KRW 10 million on April 10, 2013, respectively, as a price for purchasing the production machinery from the injured party.
2. Embezzlement;
A. On February 2013, 2013, the Defendant, who embezzled gold production costs, called “the Defendant would make three gold-types 30 million won in total,” was remitted or granted KRW 2,120,000,000 to the victim C for the said three production costs.
While the Defendant kept the above KRW 21.2 million for the victim, he used approximately KRW 7.5 million for the production of the above gold-type one around March 2013, and embezzled the remainder KRW 13.7 million for his personal use around that time.
B. The Defendant embezzled funds for the repair of warehouse on March 29, 2013, as the owner of a D warehouse from the victim C on March 29, 2013.