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

Punishment of the crime

[criminal power] On May 17, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for embezzlement and 2 years of suspended execution on May 25, 2012, and the judgment became final and conclusive on May 25, 2012.

【Criminal Facts】

The Defendant is an operator of D Co., Ltd. in Daegu-gu (hereinafter “C”) and the victim E is an operator of G Co., Ltd. in Daegu-gu F building 309.

When requesting the victim to produce machinery, the Defendant issued a promissory note with the said company’s contract deposit, and then the victim received a discount on the said promissory note, the Defendant changed the contract to only request the machinery design, thereby attempting to obtain the return of the remainder of the discount amount of the said promissory note,

On November 23, 2011, the Defendant changed a mechanical manufacturing contract concluded with the victim on the preceding day by telephone from the victim at the office of the said company office, and falsely stated that “The amount of promissory note (e.g., face value: 15.6 million won for the machinery manufactured at the inside and preceding time, and the due date: April 20, 201) paid as down payment at the inside and preceding time, shall be changed to 80 million won, excluding KRW 18,00,000 as the mechanical design cost, out of KRW 98,00,000,000 for the bill discount amount to be settled at the due date.”

However, in fact, the defendant thought that he would lend funds from the victim by borrowing machinery, but did not have any idea to request the victim to manufacture machinery from the beginning. On November 201, the above company had no intention or ability to pay the above amount on the due date for the payment of promissory notes since it was in the situation where not only the cause of bankruptcy occurred in excess of assets but also the obligation to pay the amount equivalent to approximately KRW 2.7 billion cannot be repaid.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred KRW 80 million from the victim as the name of returning the down payment around November 24, 201.

Accordingly, the defendant is the victim.