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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around October 24, 2008, the Defendant embezzled the said car by lending KRW 59,80,000,000 at the Gsch Rexroth car (the model name: ES350) market price in the name of the said company to the office of E (F) Co., Ltd. operated by the victim D in Gangnam-gu Seoul Complex B-312, Gangnam-gu, Seoul for 36 months. On February 16, 2011, the Defendant provided the said car as security and embezzled it by lending KRW 20,000 from H at the mutual infac shop in Songpa-gu Seoul, Songpa-gu, Seoul.
2. Fraud;
A. On July 28, 2011, the Defendant concluded that “The Defendant borrowed money from the victim’s family-friendly job offers K, which is located in Gangseo-si, Gangnam-si, the victim J, “I lend money to the victim. I will return money including interest that will not interfere with.”
However, in fact, the defendant did not have any variable income at the time, and did not have any intention or ability to pay the borrowed money to the victim in time by using the above money as gambling fund.
The Defendant received from the victim the sum of KRW 4 million from the victim, namely, KRW 4 million, and KRW 4 million from the national bank located in Myeon-dong, Jung-gu, Seoul at around 200:00 on the 29th day of the same month, and acquired it by fraud.
B. Around 11:00 on October 9, 201, the Defendant made a false statement to the victim M in the studio in the lake in which the Defendant residing in Gangdong-gu Seoul Metropolitan Government L, stating that “I would pay back immediately if I would lend money to the victim as security that I want to use.”
However, in fact, the defendant did not have any variable income at the time, and did not have any intention or ability to pay the borrowed money to the victim in time by using the above money as gambling fund.
The defendant in his seat is the defendant from the victim.