A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a distributor of grain and other agricultural products.

1. The Defendant, around April 15, 2013, called “D” by the agricultural and fishery products distributor in fact operated by the Defendant located in Yong-gu, Young-gu (2016Kadan2430), that “The Defendant called “D” to the victim E, who manufactures and engages in the wholesale business, by phoneing the victim E, to pay the face value of the red powder within 15 days after the delivery of the red powder.”

However, the Defendant did not have any particular income or property at the time, and was unaware of the identity and self-sufficiency of the Defendant who is able to sell the above red paper powder, and even if he was supplied with the red paper powder by the victim, he did not have the intent or ability to make the payment as above to the victim.

Around April 19, 2013, the Defendant, by deceiving the victim as above, received from the victim the delivery of the victim of the above amounting to KRW 1,500 km a total of KRW 1,640,000,000 (=round April 19, 2013, the market price of KRW 7 million is KRW 1,00,000,000,000) from the victim, and acquired it by deception.

2. 횡령 (2016고단2400) 피고인은 양곡 유통업체인 F 소속으로 양곡 유통업을 계속하던 중인 2015. 9. 19. ~ 21.경 수원시 권선구 서운동 24-1 소재 한진택배 물류센터에서, 피해자 G가 운영하는 양곡 판매업체인 주식회사 H를 위해 일하던 I을 통하여 피해자로부터 “지금 현금이 급하게 필요하니, 피해자 소유의 시가 합계 1,620만 원 상당의 묵은 쌀 450포대(1포대 20kg)와 시가 합계 1,674만 원 상당의 햅쌀 450포대(1포대 20kg)를 신속하게 판매해서 환가해달라.”라는 취지의 위탁판매 의뢰를 받았다.

Accordingly, the Defendant received the above rice 90 spons through I, and sold 450 spons of rice among them to J, one of the transaction partners of the Defendant, around the 21st of the same month.

However, the defendant received the above sales proceeds and kept them for the victim, and the charges of KRW 5,103,70 among them are charged.