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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The Defendant is a person who has operated a release on bail with a trade name "E", which was located in Seoul Gangnam-gu Seoul Metropolitan Government 209 of the second floor of the D building.
1. On January 30, 2012, the Defendant was entrusted with sale and purchase by the victim on January 30, 2012, 1.03EVs2 Damond (market price: 12,400,000 won) on the part of the victim F, who had worked in the release “H” on the bail of “H” at the early patrolman G, who had expressed that “I will sell at a low price in credit within one month per week.”
Accordingly, while the Defendant was in custody of the amount equivalent to KRW 12,400,000 at the market price of 1.03EVs2 Damond 1,000, which was requested to sell and sell consignment, and received the purchase money and kept it for the victim, the Defendant, at around that time, did not pay it to the injured party and embezzled by arbitrarily using it for E operating expenses, employee monthly pay, and for the purpose of preventing the payment of the purchase money, and then embezzled by arbitrarily using it as indicated in the attached list of crimes, as shown in the attached list of crimes, the Defendant returned only KRW 15,10,000 out of the sales money of KRW 302,30,000, and then embezzled the remainder amount of KRW 287,200,000 without returning it to the injured party.
2. On November 1, 201, the Defendant was entrusted with sale and purchase of the victim I’s embezzlement of the victim I by stating that “I will sell it at a low price with release on bail.” On the same day, the Defendant was entrusted with sale and purchase of approximately KRW 28,00,000 in total market value of ten precious metal from the victim on the same day.
Accordingly, the Defendant sold Damond and net gold equivalent to KRW 11 million from among precious metals requested for consignment sale at around that time, and used not to pay it to the injured party but to use it as E operating expenses, etc. for the injured party while receiving the purchase money, and returned 7 million won and 5 precious metals from among the precious metals.