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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2018 Highest 3367] The Defendant is a business employee of a victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Gwangju Mine-gu from January 2007 to December 2017, who was engaged in the business of selling seeds and collecting money of the said company.
Around July 31, 2017, the Defendant, while receiving KRW 2 million from D, the sales proceeds of the seeds, etc. of the victim company, etc. from the former, was kept in custody for the victim company, and at that time, embezzled the sum of KRW 217,286,00,00, which was kept for the victim company from December 2017, from that time to December 2017, as indicated in the attached Table “crime List.”
[2019 Highest 3798] Around April 3, 2019, the Defendant made a false statement to the effect that “A victim G, the main owner of a neighboring commercial building, who was aware of while working in a F restaurant located in Gwangju Mine-gu E, would be paid back if he/she borrowed KRW 100,000,000,000, because he/she was unable to go to the Ma-dong Hospital.”
However, in fact, the Defendant did not have any intent or ability to fully repay money even if he/she borrowed money from the victim because he/she did not have any money remaining after using the monthly income of more than KRW 20 million as repayment of existing debts and living expenses.
As above, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim to the H association account (I) in the name of the Defendant on the same day, and acquired the total amount of KRW 2.6 million from the victims seven times in total, as indicated in the attached Table “crime List” from around June 11, 2019.
[2019 Highest 5225] On May 31, 2019, the Defendant lent KRW 500,000 to the Victim J, a security guard, the “F cafeteria” in the “F cafeteria” building guard room located in Gwangju Mine-gu, Gwangju.