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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 2016, 2016, the Defendant made a false statement to the effect that, “The Defendant would have a problem in the process of subcontracted construction with the Plaintiff who was admitted to the said facility, the Defendant made a false statement to the effect that “B would only appoint a lawyer from (ju)B adviser’s adviser, and a full-time officer who was admitted to the said facility, who would be able to be able to obtain bail by mutual agreement with B, with the Defendant, by appointing a lawyer from (ju)B adviser’s adviser, and a full-time officer who was admitted to the said facility.”
However, in fact, the Defendant had been liable for the amount of KRW 150 million in the process of the gas station contract and operation, and had been in arrears with the card payment, so even if he received money from the victim as the attorney fee, he did not intend to appoint the attorney-at-law for the victim.
Nevertheless, on March 13, 2017, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the D Association account (Account Number E) in the name of the Defendant, and received the remittance of KRW 20 million in total from the same account around March 20, 2017, including transfer of KRW 10 million to the same account.
2. Embezzlement;
A. The Defendant, a corporate credit card, at the above detention house from January 28, 2017 to March 2017, issued a card to cover expenses incurred in the process of agreement with (B)B and the appointment of an attorney-at-law to the victim by visiting the said victim, and around that time the card was opened from the employees F of the victim’s company, and kept the corporate bank card of G company G, a victim company, for the victim, for the victim, and embezzled the total amount of KRW 4,318,320 for personal use from March 28, 2017 to June 12, 2017.
B. The Defendant, a corporate fund, from January 2017 to March 2017, 201, visited the above victim at the above Suwon detention house, and then called “the present company.”