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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 1270] On April 4, 2014, the Defendant, at the “E” pharmacy operated by the victim C in the D Apartment Building, Jinju-si, on the part of the Defendant, in relation to the remodelling work of the victim-owned building in the Jinju-si, the Defendant, upon delegation from the victim, participated in the construction business, supervised the progress of the construction business, and paid construction costs.
1. According to the foregoing delegation from June 20, 2014 to October 30 of the same year, the Defendant embezzled total of KRW 29,419,035 in total on 69 occasions from around June 20 to around November 24, 2014, for the purpose of using 87,06,400 to the Agricultural Cooperative Account (I) in the name of the victim for the purpose of using the cost for remodeling construction, and then, during the course of occupational custody for the victim, transferred KRW 4,00,000 to the said Agricultural Cooperative Account (I) in the name of H on June 20, 2014, and then embezzled total of KRW 69,419,035 for any purpose other than the cost for remodeling construction of the building.
2. The Defendant’s embezzlement of construction expenses incurred in the removal of a building from around April 10, 2014, when managing remodeling construction works for the victim’s C-owned building in the said E-pharmacy, and from around April 10, 2014 to the removal cost of the building.
6. From September 20 to June 20, 200, a sum of KRW 12,578,946 for 98 times in total as shown in the separate crime list between around April 10, 2014 and around June 20, 2014, while receiving KRW 15 million from the victim’s account and being used in the removal construction cost for the purpose of using it for the removal construction cost, was embezzled by arbitrarily using it for purposes other than for the removal of the said building, as shown in the separate crime list between around 10, 2014.
[2016 Highest 115] On July 2015, the Defendant made a false statement to the victim K, stating, “A farm will receive money from the beginning work, while a bamboo is growing at 1,200 square meters.”