A defendant shall be punished by imprisonment for one year.

Punishment of the crime

"2014 Highest 10246"

1. Around July 19, 2013, the Defendant made a false statement that “The Defendant would transfer money to the victim at the E-business specialty shop operated by the victim D in Suwon-gu, Busan, and send the money to the victim.”

However, there was no intention or ability to send all TVs even if they were to receive money from the victim at the time of receipt of money from the victim, and the remaining money was thought to be used as the fund for the company operation, so there was no intention or ability to send the money.

After receiving a total of KRW 58,385,00 from the victim on July 19, 2013 to August 13, 2013, the Defendant obtained the payment of KRW 58,385,00 on five occasions from the victim, and then obtained the payment of KRW 30,850,00 from the victim on three occasions, the Defendant failed to send KRW 52 (unit price of KRW 295,00), and 33 (unit price of KRW 470,00) from the victim on three occasions.

2. Around October 31, 2013, the Defendant received a request from the victim D to keep 39,429,000 air-conditioners equivalent to 117 air-conditioners that are owned by the victim in a warehouse located in Ulsan-gu F, Ulsan-gu.

The defendant kept 117 air conditioners for the victim. Since that time, he arbitrarily disposed of 117 air conditioners.

Accordingly, the defendant embezzled the victim's property.

The Defendant is a person who operates H, a corporation engaged in the wholesale and retail business of electronic equipment and food pulverization in Busan-gu G.

On April 21, 2014, the Defendant concluded that “If the company’s operating capital is urgently required, the company will be repaid within three months after using it as the company’s operating expenses.”

However, in fact, the defendant repays the existing debt with the borrowed money from the victim, lends money to another person, or invests in the money gambling business of a person.