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Defendants shall be punished by imprisonment for up to eight months.
Reasons
Punishment of the crime
Defendant B, on June 29, 2011, was sentenced by the Busan District Court to a three-year suspension of execution on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dowing Vehicles) on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to a four-year suspension of execution on November 22, 2011, and is still under the grace period.
1. Around February 2009, Defendant A entered into a partnership agreement with the victim E on the content that an investment of KRW 80 million in each of the 80 million to reflect profits excluding expenses in operating the party hall. At that time, Defendant A received KRW 80 million from the victim’s account and cash account in the name of the Defendant and received KRW 80 million from the victim, and leased a building in which the Defendant performed the party hall business using the total amount of money invested by the Defendant’s investment, and performed the construction of the party hall inside the party hall.
On February 2009, the Defendant entered into a lease agreement with the victim in the office of the first floor B of the building in Yangsan City, along with the victim's representative, B and the store to be used as the billiard site in the building owner G, and then embezzled 60 million won out of the amount of the amount of the partner's deposit to B as a lease deposit, and then, he got back from the victim's first floor B to return the amount of KRW 50 million out of the amount of the above lease deposit from the victim's first floor B office on the next day.
2. Around December 20, 2011, Defendant B made a false statement to the victim E at the office of the Defendant of the first floor of the building located in Yangsan City F, stating, “If the construction cost of the new building is to be incurred but the building is short of the construction cost, it will be repaid until March 2012.”
However, in fact, the new construction of the five-story commercial building in Busan, where the defendant had been working, did not receive the construction cost any more from the owner, and there is no payment of the construction cost, and the amount borrowed from the victim should be paid the unpaid wage, material cost, etc. at the construction site.