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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On January 14, 2016, the Defendant was sentenced to imprisonment with prison labor for occupational embezzlement, etc. at the Changwon District Court on January 14, 201, and completed the execution of the sentence in the Ansan Prison on April 27, 2017.
【Criminal Facts】
Around June 6, 2018, the Defendant posted a false statement to the effect that “RC Motor Vehicles are sold” at the Defendant’s residence located in Seongbuk-gu, Changwon-si B apartment C, Seongbuk-gu, Sungwon-si, and on a cell phone and computer bulletin board “DC Motor Vehicles are sold.” The Defendant sent a false statement to the Victim F who reported and contacted the fact that “on the transfer of the price of the goods, the said goods will be delivered.”
However, even if the defendant did not have the above goods at that time and received money from the victim, the defendant did not have the ability to sell the goods, and even if he received money from the victim for the purpose of receiving money from the victim at the beginning, there was no intention to deliver the goods.
Nevertheless, on June 6, 2018, the Defendant: (a) by deceiving the victim as above; (b) received KRW 50,000 from the victim to the G bank account (H) in the name of the Defendant; and (c) received KRW 50,000 from the above date and time to June 12, 2005, by deceiving the victims in total three times from the above date and time to June 15, 2018; and (d) received KRW 200,000 from the remittance of the total amount of KRW 20,00.
Around 08:00 on April 17, 2019, the Defendant was employed as a delivery facility at KK operated by the victim J of the victim J, who was in Chang-gu, Jingu, Chang-si, Chang-si, and used a total of KRW 273,000,000, including KRW 210,000,000 on the day and KRW 63,00,000 on the day while he/she was in custody for the victim, and used it as a daily living expense, etc. at his/her own discretion after taking contact with the victim around 13:40 on the same day.
Accordingly, the defendant embezzled money in custody for the victim by violating his duties.
"2019 Highest 1652"
1. A victim;