A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

[2017 Highest 968]

1. The Defendant is a person who, from November 2012, operated an intermediate cafeteria with the trade name of “D” in the Ha-dong, Ha-dong, Ha-dong, Seoul, the Defendant committed embezzlement and damage to property against the victim B.

A. On November 2012, 2012, the Defendant, while keeping equipment equivalent to KRW 1,300,000,000 in the market value, such as one cooling house, water purifier, and reflectr 1 unit, installed by the victim B to resume a restaurant business, was embezzled by arbitrarily transferring the above restaurant equipment to an influent person, who operates the cafeteria at his/her own expense, around that time.

B. At the end of November 2012, the Defendant destroyed the main wall and display stand in an amount equivalent to KRW 2 million in the market value by cutting up and destroying the main wall of timber remodeled by the victim in his/her hand, on the ground that the building owner opened the house located in the restaurant and caused the victim B to return to the original part of the remodeled part within the said restaurant.

2. On April 10, 2015, the Defendant committed the crime of fraud against the victim E in multilateral banks located in Kimhae-siF on or around April 10, 2015, purchased vehicles in the name of the victim E with a book of the company with a heavy difference of 13,300,000 won which is likely to purchase vehicles in the name of the vehicle, and will transfer the name of the vehicle to the owner of the vehicle six months later.

The phrase “ makes a false statement.”

However, even if the defendant purchases a used vehicle in the name of the victim, he/she did not have an intention or ability to transfer the ownership of the vehicle in the name of the defendant after six months.

However, on May 4, 2015, the defendant deceivings the victim as above, and he acquired the victim's H mixed with the amount of KRW 13.3 million at the market price and acquired it by transfer from the victim.

3. On August 30, 2016, the Defendant committed fraud against the victim I in the name of the victim I located in the building K of the victims I located in the Gu, Changwon-si, Seoul Special Self-Governing Province on August 30, 2016, for the victim’s KRW 3,00,000,000.