A defendant shall be punished by imprisonment for six months.

except that 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

[Criminal Power] On December 30, 2013, the Defendant was sentenced to four months of imprisonment for the crime of occupational embezzlement at the Seoul Eastern District Court, and the judgment became final and conclusive on April 10, 2014.

【Criminal Facts】

1. 피고인은 2012. 11. 27. 경기도 파주시 B에 있는 피해자 C의 사무실에서 피해자에게 “회사 긴급자금이 필요하니 3,000만원만 빌려 달라, 장모의 전셋집을 내놨는데 전세가 나가면 20일 안에 전세금으로 변제하겠다”라고 거짓말을 하였다.

However, in fact, the Defendant had a debt of 1.5 billion won at the time and had no profits from the company. Therefore, even if he borrowed money from the victim, he did not have an intention or ability to pay the money within 20 days.

The Defendant, by deceiving the victim as such, received 30 million won from a corporate bank account (Account Number: D) in the name of the Defendant on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 20, 2013, the Defendant made a false statement to the above victim on May 20, 2013, stating that “If a corporation seizes a corporation on the wind with which national and local taxes are unpaid and fails to receive orders from the company, taxes may be paid, and if a company borrows 20 million won, it may be normalized immediately, and if a company borrows money from another person, it may borrow 50 million won including 30 million won prior to borrowing money from another person, the Defendant would repay her total amount of 50 million won as a full-time loan by July 31, 2013.”

However, in fact, since the Defendant had a debt of 1.5 billion won at the time and had no profits, it was thought that the Defendant would use the said 20 million won as corporate operating expenses rather than taxes, and that the key money would also be used as corporate operating expenses and living expenses, so even if he borrowed money from the victim, there was no intention or ability to pay it up to July 31, 2013.

The Defendant is the victim.