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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 1, 2016, the Defendant was sentenced to eight months of imprisonment for embezzlement at the Ulsan District Court, and the said judgment became final and conclusive on February 6, 2017.
The Defendant, on October 2014, 2016, 3305, issued a corporate card under the name of the company after being in charge of the office of the representative director of D, which is currently in operation, to the victim E (63 years of age) at the office of D, a corporation operating the Defendant in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., the Defendant would pay the amount of KRW 60 million annual salary for the week as the guarantor.
The phrase “ makes a false statement.”
However, in the case of the above corporation D, which was operated at the time, due to the lack of sales, the victim was issued a corporation card under the name of the above corporation as the representative director of the above corporation D, and even if the guarantor was issued, he did not have the intent or ability to pay the victim annual salary of KRW 60,000,000 or to pay the use price of the above corporation card.
As above, the Defendant, by deceiving the victim as above, had the said victim issued a corporate card under the name of the said company and caused him to be a guarantor, had the said victim obtain pecuniary benefits equivalent to the said amount by having the said victim obtain the guarantee liability of KRW 10,989,979 used from October 2014 to December 201 of the same year.
On May 2014, the Defendant: (a) decided to purchase a G 11.5t truck owned by the Victim F, which was known to the Defendant on business, from May 2014; (b) the Defendant agreed to operate the said truck until the purchase price is paid; (c) while the Defendant borrowed the said truck from the damaged person to store for the victim, he/she arbitrarily provided the said truck with KRW 10 million from H on September 2014, and embezzled the said truck with KRW 35 million at a market price.
Summary of Evidence
1. Previous convictions in judgment: References to inquiries, such as criminal history, inquiries about the case, and copies of the judgment “2016 order 3305 order”;
1. Partial statement of the defendant;
1. The recording of the witness E's statement in the third public trial records;