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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
On April 10, 2014, the Defendant entered into a contract to purchase the machinery of KRW 120,000,000,000,000 for the middle-use machinery owned by D through C, and around the 12th day of the same month, the Defendant transferred KRW 20,000 to the new bank account (E) in the name of the victim, but did not have any balance after the payment, and the Defendant did not carry the said machinery as the broker of the victim, around April 27, 2015, entered into a new contract to purchase the said machinery with KRW 45,00,000,000 as the broker, and the said KRW 20,000,000 was paid to the victim in the name of brokerage.
Since then, the Defendant did not continue to pay KRW 45 million in D. Ultimately, the judgment of the court ordering D to pay KRW 45 million in a civil lawsuit brought by D, and the said machinery failed to work properly because it failed to meet the conditions required at the Defendant’s factory, the Defendant was willing to have the victim file a false complaint for the purpose of having the victim be subject to criminal punishment.
Accordingly, on December 27, 2016, the Defendant prepared a written complaint to the effect that “In the process of purchasing Schlage-ray machinery from D, the Defendant paid C the down payment of KRW 20 million to C, but embezzled without paying the down payment to D,” and submitted the above written complaint to the racing police station located at the center of Sejong-si around December 27, 2016, and made a false statement to the same effect at the investigation station of the racing and the economic 2 team office of the Republic of Korea on January 9, 2017.
However, in fact, when concluding a contract to purchase the said machinery from D as above, the Defendant had not paid KRW 20 million to the victim as a brokerage commission, and there had already been an agreement with the victim to bear the transportation cost, etc. of the said machinery, so the victim did not pay the down payment amount to KRW 20 million and arbitrarily embezzled it.