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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
[2017 Highest 3380] The Defendant, who was engaged in the cosmetic wholesale retail business, is expected to transfer the price to the account from September 14, 2015 to the following month, if the Defendant supplied the victim’s “D” in the operation of the victim C in Seodaemun-gu Seoul Metropolitan Government (OEM) around September 14, 2015.
“The phrase “ was false.”
However, the Defendant did not have any particular property at the time and had a total of about KRW 16 million on the leased company, and thus did not have any intent or ability to pay the price normally even if he received cosmetics from the injured party.
In light of the following facts: (a) the Defendant deceiving the victim as above and supplied cosmetics equivalent to KRW 70,00,00 in total, including ten nutrition halogen and ten cream flocks on the same day from the victim; and (b) from then to October 12, 2015, the Defendant appears to have written indictment “25,274,900 won” as stated in the indictment, in light of the following: (c) the sum of the damaged persons on six occasions, as shown in the attached list 1 of the daily list of crimes, from October 1, 2015 to June 2, 2015, the Defendant appears to have written indictment “25,274,900 won” as “25,70,000 won.
A significant amount of cosmetics was supplied.
[2017 Highest 4031] From March 2014, the Defendant was in charge of cosmetics business, receipts and payments, customer management, and delivery of goods in the Victim E Co., Ltd. (F.) from around March 2014.
On June 26, 2015, the Defendant supplied cosmetics to G agency, which is a business partner, and received 126,000 won in cash, and used at will for the victim’s personal purpose, such as living expenses, etc. around that time, and embezzled KRW 53,573,660 in total over 40 times from that time until April 26, 2016.
Summary of Evidence
[2017 Highest 3380]
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against C;
1. Papers and written photographs (2017 Highest 4031);
1. Each prosecutor's office against the defendant;