beta
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On November 20, 2013, the Defendant: (a) entered into a contract to take over the trademark rights and goodwill of the (State) D D at the (State) D office located in Geumcheon-gu, Busan; (b) and (c) made an agreement to take over the trademark rights and goodwill of the (State) D at the request of E to participate as a contract guarantor; and (d) to pay to E at the same time the contract is completed, while the Defendant participated in the contract guarantor at the request of E; and (e) deposited KRW 10,000,000,000, out
In accordance with the above agreement, the defendant was transferred from the victim to the Agricultural Cooperative Account (Account Number): G in the name of the defendant, and was kept for the victim, and used at will for H operation expenses operated by the defendant around that day.
Accordingly, the defendant embezzled the victim's property.
2. On January 23, 2014, the defrauded concluded that “Around January 23, 2014, the Defendant would necessarily pay the said money to the J, an employee of the victim, “I would pay the said money at a prompt time if I lend money in short of the payment for the card.”
However, in fact, at the time of borrowing, the Defendant’s financial institution’s debt amounted to KRW 100,000,000 and, in operating H, there was no intention or ability to repay the debt even if the Defendant borrowed money through J because there was no particular property in the situation of income amounting to KRW 1 million each
The Defendant received from J 3,69,877 won in the virtual bank account (Account Number: K) in which the Defendant’s credit card payment is settled on the same day, and 7,769,025 won in the virtual bank account (Account Number: L) in the Agricultural Cooperatives, and received a remittance of KRW 6,259,083 in the same name as the virtual bank account (Account Number: M) around January 24, 2014.
As a result, the Defendant was given property worth KRW 17,727,985 by deceiving the victim.
Summary of Evidence
1. Each of the witnesses F, J, E.