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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant is a registered director of corporation C (Representative D) located in Busan Jung-gu, who has been in charge of vehicle transportation, ship transportation, goods loading and unloading.
1. On March 2019, the Defendant against the victim E made a false statement to the effect that “The Defendant would pay transport charges to the victim for five (5) months, if he/she had a substitute seat in F warehouse, on a national scale, such as Daegu, Gyeongnam-do, Ansan-do, Ansan-dong, and Permanent Residence, with the victim’s phone at a place where the location is unknown.”
However, in fact, the defendant, at the time, was aware of the wind of embezzlement of approximately KRW 2.50 million of the above C's funds, and there is no intention or ability to pay the transportation fee even if he entrusts a substitute transport to the victim, as it is not adequate to maintain the financial status of the above C.
Nevertheless, the Defendant did not pay a total of 28,876,00 won to 25 tons of 19,93,000 tons of 25 tons of 75 ton of 75 ton of 8,943,000 ton of 25 ton of 33 ton of 20 ton of 20 ton of 20 ton of 20 ton of 20 ton of 20 ton of 20 ton of 20 ton of 20 ton of 20 ton of 20 ton of
2. Around June 5, 2019, the Defendant against the victim G made a false statement to the effect that “The Defendant would pay KRW 330,000,00,00 to the said victim, if he/she would have had his/her substitute seat transported from June 5, 2019 to June 6, 2019 from his/her office, via the Cargoman (FO) to FO to FO from his/her office.”
However, the defendant did not have the intention or ability to pay the transport fee even if he entrusts the carriage of the substitute transport to the victim under the circumstances of the above paragraph 1.
Nevertheless, the defendant did not pay 30,000 won of the same day, even though he was provided by the victim with a substitute transport service on the same day, and acquired economic benefits equivalent to the same amount.
(i) the evidence;