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Defendant shall be punished by a fine of two million won.
When the defendant does not pay a fine, 10,000 won shall be converted into one day.
Reasons
Punishment of the crime
On June 18, 2009, the Defendant, at the “C” office located in Ulsan-gu, Ulsan-gu, Seoul-gu, with the delegation of the victim D to keep approximately KRW 4.5 million in total and approximately KRW 17 air-conditioners, and disposed of it, embezzled without paying the price to the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A protocol concerning the examination of the accused by the prosecution (including the parts concerning D's statement);
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes of a copy of a bankbook (Evidence List 1);
1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;
1. In full view of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be transferred by taking into account the following: (a) details of the crime; (b) the value of the embezzled water; and (c) the age, sex, environment, etc. of the Defendant.
The acquittal portion
1. On January 15, 2008, the Defendant: (a) provided the victim D with air conditioners with the trade name “C” in Ulsan-gu, Ulsan-gu; and (b) provided air conditioners to the victim D after the air conditioners are installed.
“.........”
However, the defendant did not have any funds or property to operate ‘C' in addition to the investment of the start-up fund of 50 million won from E.
Accordingly, the defendant could not send the amount of air conditioners to the victim unless he receives the air conditioners from the customer.
However, even if the defendant was supplied with air conditioners for about KRW 15,500,000 that did not receive from the customer, he did not have the intention or ability to pay the full amount of the air conditioners.
Nevertheless, the defendant deceivings the victim as above, and he received a total of approximately KRW 78,016,590 from around that time to May 1, 2009, a total of KRW 48,561,50 out of the paid amount, and did not pay the remainder of KRW 29,45,090 from the victim.