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The crime No. 1 of the judgment of the defendant and the crime No. 2 of the judgment of the court below are punished by imprisonment with prison labor for one year, and the judgment No. 2 of the judgment.
Reasons
Punishment of the crime
On February 3, 2012, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Daejeon District Court on February 3, 2012 and such judgment became final and conclusive on June 29, 2012.
1. On July 6, 2009, the Defendant: (a) received a request from the victim D to sell the above heading; (b) concluded that the Defendant would sell the heading to KRW 120 million; (c) the Defendant would transfer the heading to B the heading; and (d) on October 6, 2009, received the Defendant’s name and the name of the business owner and lessee from the Defendant’s mother’s G name; and (d) sold the Defendant’s pro-Japanese’s facilities, equipment, operation rights, etc. to H in the above heading on October 2010, the Defendant agreed to receive KRW 100 million from H in return for the sale of the said heading’s facilities, equipment, and operation rights.
On October 4, 2010, the Defendant received KRW 50 million from H as the purchase price for the above head of H, and around October 4, 2010, from the Sejong Credit Cooperative located in the Shin-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant used the money for the Defendant’s business funds and living expenses related to the Defendant’s credit business at the time of receipt of the purchase price as shown in the attached Table 1 from the above date to June 10, 201, while receiving KRW 90 million as shown in the attached Table 1.
Accordingly, the defendant embezzled the victim's property.
2. Around August 20, 2009, the Defendant stated that the victim C would collect the unrefied claim at the J coffee shop located in Chungcheongnam-gun I, Chungcheongnam-gun, and that “I would like to collect the unrefied claim.”
However, even if the defendant received money from the victim as expenses for debt collection or activities, it was false that the defendant did not have the intent or ability to collect the unclaimed claims by the victim K for personal purposes.
Accordingly, the defendant deceivings the victim.