The crimes of subparagraphs 1 and 2-A and 2-B of the judgment of the defendant shall be punished by imprisonment for three months, and Article 2-C and D of the judgment.

Criminal facts

On February 5, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of occupational embezzlement in the Suwon District Court's Ansan Branch on February 5, 2013, and the said judgment became final and conclusive on February 13, 2013, and is still under probation.

1. On April 2012, the Defendant: (a) received a certificate of the personal seal impression from the victim C to transfer Dmer trucks owned in the victim’s name; and (b) accordingly, the Defendant had the duty to transfer the said truck’s name to the victim.

Nevertheless, on April 30, 2012, the Defendant, in violation of his duties, borrowed KRW 20 million from G from F located in Gwangjin-gu, G to set up a maximum debt amount of KRW 22 million from the victim’s above truck, thereby allowing G to proceed with a voluntary auction procedure based on the right to collateral security.

Accordingly, the defendant acquired property benefits equivalent to KRW 22 million and suffered the same damages as the victim.

2. Fraud;

A. On June 11, 2012, the Defendant against the victim C made a false statement to the victim C that the cost of releasing the seizure of the said truck is necessary to change the name of the truck indicated in paragraph (1).

However, even if the defendant received the cost of release from the victim, he did not have the intention or ability to transfer the victim's name by releasing the seizure of the above truck.

The defendant received 1.5 million won from the victim as expenses for cancellation of attachment.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

B. Around March 2012, the criminal defendant against the victim H made a false statement that he/she would seek a cargo number plate if he/she deposits money to the victim H.

However, even if the defendant receives money from the victim such as using the money from the victim for repayment of other debts, he did not have the intent or ability to seek cargo number plates.