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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, who is a director and substantial operator of the Victim B (hereinafter “B”), was in charge of the business affairs of the victim B, including managing the corporate account and funds of the victim B, and the victim C Co., Ltd. (hereinafter “C”) is the party who is in charge of the business affairs of the victim B.
1. On June 6, 2012, the Defendant made a false statement to the effect that “The Defendant would pay the Victim C’s charge by delivering the processed steel bars to the construction work of the Gosong-gu G party that was executed by F and received by B from the Defendant, if he/she were to do so.”
In fact, the Defendant did not have any intention or ability to pay the price even if he received processed steel delivery from the victim company because the Defendant incurred the enemy at another construction site, and the Defendant was obliged to repay other equal debt such as personnel expenses due to the construction cost received from F.
The Defendant was supplied with 31,879 tons of processed steel bars equivalent to KRW 26,616,127, and KRW 31,879, in total, on two occasions, including 13,596 tons on June 12, 2012 and 18,283 tons on September 19, 201.
2. On August 13, 2012, at the above B office around 15:06, the Defendant embezzled KRW 210,000,000 of the Company Fund, which was under business custody in one bank account (H) in the victim B’s name, to the account in the name of the Defendant, and embezzled it by arbitrarily consuming it with personal debt, living expenses, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement of the police suspect interrogation protocol against the accused;
1. Statement of each police statement to J and K, respectively;
1. Each description of the transaction statement, transfer certificate, certified copy of the register, individual entry/import status, confirmation of non-refinite deposit, and tax invoice (as to paragraph 1 of the facts charged, the defendant and his defense counsel are F Co., Ltd. (hereinafter “F”) while the defendant operates B.
The construction of a new government-affiliated G party awarded by the contractor.