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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around 10:00 on February 28, 2013, the Defendant made a false statement to the president of the C&C corporation located in Pyeongtaek-si B, stating that “The Defendant shall borrow money with bonds because he/she is required to pay the agreed amount, and if he/she borrowed money, he/she shall make a full payment from the bonds and repay it again.”
However, the facts are that the defendant had access to the casino of Gangwon-do at the time, and even if he borrowed money from the victim, he was thought to use the money for gambling fund and the payment of the existing debt, so that he did not have the intent or ability to pay it to the victim.
The Defendant received KRW 15 million from the victim on March 8, 2013 and KRW 10.5 million on December 12, 2013.
Accordingly, the defendant was given property by deceiving the victim.
2. Occupational embezzlement;
A. From around 2007, the Defendant had overall control over the above branch affairs, such as managing cargo vehicles owned by the victim company at the above branch, while working as the warden of the victim C party branch.
On October 1, 201, the Defendant entered into an entrustment management contract with the victim company and its holding company, E 25 tons of cargo owned by the victim company, which is equivalent to KRW 100 million, and kept the above cargo in custody for the victim company for the business of the victim company. On April 16, 2013, the Defendant borrowed KRW 20 million from the river, which is located in the Gangwon-gun, Seowon-gun, Seowon-gun, Seowon-gun, Chungcheongnam-gun, and provided it as security and disposed of the said cargo.
Accordingly, the Defendant embezzled the property of the victim company.
B. From July 21, 2011, the Defendant borrowed 6 million won from “H” located in Gangwonwon G on May 11, 2013 and provided the said car as collateral and disposed of at will.
Accordingly, the Defendant embezzled the property of the victim company.
Summary of Evidence
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