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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. Embezzlement;
A. On November 201, 201, the Defendant agreed to collect 30% of the collected amount under the pretext of the fee upon request from the victim C to collect 10 million won of the claim held by the victim C in lieu of the claim held by the victim C at a coffee shop where it is impossible to know the trade name in the camping Dong-dong, Sungnam-si, Sungnam-si.
Accordingly, the Defendant collected KRW 300,000 from the foregoing D on June 15, 2012, KRW 300,000,000 on July 9, 2012, KRW 300,000 on August 14, 2012, KRW 300,000 on September 17, 2012, KRW 300,000 on November 15, 2012, KRW 300,000 on December 14, 2012, KRW 300,00 on January 15, 2013, KRW 300,00 on February 15, 2013, KRW 270,00 on March 15, 2013, and embezzled KRW 309,000 out of the fees, and embezzled the victim as a result of the Defendant’s embezzlement.
B. Around May 2012, the Defendant agreed to collect 30% of the collected amount under the pretext of fees upon a request from the victim C to collect 7,100,000 won, instead of the claim 7,100,000 won that the victim had against E, at a coffee shop where it is difficult to know the trade name in the camping Dong-dong, Sungnam-si.
Accordingly, the Defendant collected a total of KRW 7.3 million from the above E on May 21, 2012, and KRW 6.2 million from the beginning of June 2012, and embezzled a total of KRW 5.6 million for the victim, excluding KRW 30% of the fee and KRW 70,000,000,000,000 from the above E on behalf of the victim.
2. Around May 3, 2012, the defrauded expressed to the victim C that “I would give money by investing in another place” at a coffee shop where it is impossible to know the trade name in the camphouse of the party branch in Seongbuk-gu, Sungnam-si.
However, even if the defendant received money from the victim, he thought that he did not have the intent and ability to compensate for the money, and was used for his debt repayment.
As such, the Defendant, by deceiving the victim, received 2850,000 won from the victim to the SCB bank account (F) in the name of the Defendant on the same day.
Summary of Evidence
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