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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[2016 Highest 2650] The Defendant is a person who worked as a cafeteria of the “E” restaurant operated by the victim D in Suwon-si C from the early August 2015 to March 5, 2016.
1. Crimes against victims D;
A. The Defendant, while working as the shop of the above 'E' restaurant, was in charge of all the tasks such as ordering various food materials, fund management, and business.
At around September 23, 2015, the Defendant received KRW 14,750,00 from the victim D, a business owner, to pay KRW 14,750,00 as the purchase price for fish at the above 'E' restaurant and kept for the victim. At that time, the Defendant paid KRW 6,405,00 as the purchase price for fish at the 'F, which is the customer at that time, and disposed of KRW 8,345,00 as the outstanding amount and embezzled the said amount for private use from around that time to December 28, 201 in the same manner as the previous 'E' list of crimes in the same manner.
B. On October 6, 2015, at the above “E” restaurant around 16:00 on October 6, 2015, the Defendant would make a full payment without any mold by disposing of a face-to-face fund with a loan of KRW 10 million as the current market price of the fund is in short of the current market price.
“A false statement” was made.
However, at the time, the defendant did not own a fund equivalent to KRW 50 million, and the defendant did not have any intent or ability to repay money from the victim, even if he borrowed money from the victim.
Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the agricultural bank account under the name of the Defendant, and then acquired it through the same method between around that time and around November 18 of the same year by obtaining a total of KRW 110 million through six times, such as the previous list of crimes (2) in the same manner.
2. The Defendant committed the crime against the victim G is a shop of the “E” restaurant as above.