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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[2019 Highest 3872]
1. Around February 15, 2019, the Defendant received transfer of KRW 15,00,000 from the victim D, a middle and high-speed DM vehicle, as the purchase price, from the middle and high-speed DM vehicle located in Gwangju North-gu, Gwangju, and embezzled the money arbitrarily paid to the victim for personal debt repayment and share investment expenses on the same day.
2. Around February 25, 2019, the Defendant received transfer of KRW 20,000,000 from the said victim D to the said victim D in terms of the purchase price of the FF PP vehicle, and embezzled it by arbitrarily paying the card price on the same day, personal debt repayment, etc.
[2019 Highest 4091]
1. The Defendant engaged in the business embezzlement from July 1, 2003 to April 2019 in the business of selling vehicles and receiving vehicle prices, etc. while working as a business employee at C Heavy Agency operated by the victim G from around July 1, 2003 to around April 2019.
When the Defendant entered into a shipment contract for H and Abred M&D vehicles at the irregular area below Gwangju around November 27, 2018, the Defendant is clear that “L” written in written indictment is a clerical error in light of the evidence (such as 15 pages of evidence record) in the name of the Defendant, when entering into the shipment contract for H and Abred M&D vehicles with H in terms of vehicle costs and registration expenses.
At around that time, while being transferred to the victim and being kept for the victim, 18,035,00 of the above amount was arbitrarily used for the purpose of stock investment, etc., and embezzled total of KRW 106,107,307 on five occasions from around that time to April 19, 2019 (attached Form 1).
2. Fraud;
A. On December 28, 2018, the Defendant made a false statement to the effect that “If the Defendant calls to the Victim K and lends KRW 10,000,000,000,000 to the victim K, he/she would be paid without being paid until the end of January 2019,” the Defendant would receive the clothes operated by his/her wife.