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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2017 Highest 443] Defendant was of peace and friendship.
The government proposed to purchase the heavy vehicles from B, and decided to purchase the heavy vehicles through B.
On May 23, 2016, the Defendant concluded a car sales contract with the victim creative vehicle Co., Ltd. (hereinafter “victim Co., Ltd.”) and the Defendant concluded a car sales contract with “CJ300 automobiles with vehicle cost of KRW 8 million and KRW 470,000,000,000, and vehicle cost of KRW 300,000,000,000,000,000,000,000,000,000,000.”
However, the Defendant had no intention or ability to pay the price even if he received the said passenger car from the victim company, because the Defendant was liable to pay the amount equivalent to KRW 35 million in bad credit conditions at the time.
Nevertheless, the defendant, as if he were to pay the above car price, deceiving the victim company, which is corresponding to the amount of KRW 8,470,000 from the victim company, and acquired it by fraud by delivery of one of the above vehicles for board C, which is equivalent to KRW 8,300,000 from the victim company.
The defendant of "2017 Highest 455" is engaged in the management of village public funds as the head of "D" in 2015.
On October 2016, the Defendant, from the E’s house of a village finance officer in Donnamdo, who was in charge of village finance in Donnamdo around the end of the end of October, 2016, received cash of KRW 1.5 million from the E to the village for the purpose of surveying the boundary of the sea village, and embezzled it by consuming it for private use around that time.
Summary of Evidence
"2017 Highest 443"
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. The head of a complaint (including all attached documents) 2017 Highest 4555;
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. Application of Acts and subordinate statutes to the written accusation (including all attached documents);
1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 356 and 355(1) (the point of occupational embezzlement) of the Criminal Act, and the choice of imprisonment, respectively;
1. Article 37 of the Aggravation of Concurrent Crimes Act.