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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On December 30, 2013, the Defendant entered into a lease agreement on the condition that the Defendant would pay each rent of KRW 1,751,070 every month from that time to December 25, 2016 with respect to one of the Genz E220 CD car owned by Korea, Co., Ltd., Ltd. and the damaged Party’s share of KRW 66,414,540 from that time on December 30, 2016.
around August 2015, the Defendant, who received the said car from the victim company and kept the said car for the victim company, received KRW 30 million from I at the underground parking lot of the H building in Guro-gu Seoul Metropolitan Government, and embezzled the said car by transferring it.
Around March 31, 2015, the Defendant entered into a lease agreement on the condition that the lessee would pay rent of KRW 1,57,300 per month for 36 months, when he/she received delivery of KRW 63,822,855 of the victim’s JMW car market from the victim JMW car Co., Ltd. at the 36th floor of the gallon gallon Co., Ltd., the 11-o, Seoul, Seocho-gu, Seoul, under the condition that the lessee would pay rent of KRW 1,57,300 per month for 36 months.
While the Defendant received and kept a passenger car as above, around August 2015, the Defendant paid KRW 20 million from I at the underground parking lot of the H building in Guro-gu Seoul Metropolitan Government, and embezzled the said car by arbitrarily transferring it.
On September 25, 2015, the Defendant purchased merchandise coupons and made profits from selling it to the victim K in the mutual infash stores located in Daegu Suwon-dong on September 25, 2015.
When lending money, the principal shall be repaid within a maximum of six months, and 5% interest shall be paid on the sales amount of merchandise coupons.
“A false statement” was made.
However, the defendant did not have the intention or ability to conduct merchandise coupon business and used it for personal purpose such as repayment of debt with money from the injured party. At that time, the defendant did not have any specific property other than the car of KRW 10 million.