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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
[Criminal Records] On November 8, 2012, the Defendant was sentenced to a suspended sentence of six months for the crime of embezzlement at the Jeonju District Court, and the judgment became final and conclusive on the 16th day of the same month.
[Criminal facts]
1. On October 3, 2011, the Defendant made a false statement to the victim E that “The Defendant obtained permission to collect earth and stone from the former North Korea E-gun F, and the Defendant would be able to produce aggregate by installing a studio immediately when paying the cost of installing a studio.”
However, in fact, the period of permission for collecting earth and stones was terminated on June 12, 2009, and the application for permission for extension was rejected, and at that time, the procedure was in progress following the expiration of the permission period, so it was not a situation in which the collection of earth and stones was possible.
In doing so, the defendant deceiving the victim as above, and he received the total of KRW 150 million from the victim to the Agricultural Cooperative Account (G) in the name of the said company, including KRW 50 million on October 5, 201, KRW 600,000 on October 18, 201, KRW 500,000 on the 20th of the same month, KRW 10,000 on the 21st of the same month, KRW 29,000 on the 25th of the same month, and KRW 5,00,000 on April 29, 2012.
2. The Defendant, at the above office on May 13, 2012, filed an application with the victim H for authorization and permission for development of tinsan by investing company funds, but promptly paid the money with the authorization and permission.
Along with a loan of KRW 50 million, the payment of interest of KRW 20 million to KRW 70 million was made after three months.
However, since the collection period of earth and stones has already expired due to the reasons such as Paragraph 1, there was no intention or ability to return the above borrowed money after obtaining permission.
However, on May 14, 2012, the defendant deceivings the victim as above, and acquired 49,500,000 won from the victim to the Agricultural Cooperative Account (I) in the name of the above company.
Summary of Evidence
1. Statement by the defendant in court;
1. E, J, and K.