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A defendant shall be punished by imprisonment for not less than eight months.
The application for compensation of this case is dismissed.
Reasons
Punishment of the crime
1. Around September 20, 2012, at the “D office” office of the Defendant’s operation in Ischeon-si, the Defendant, who was entrusted by the victim E with the sale of F Tits 530 Obane, and kept the same in custody. On October 20, 2012, the Defendant sold the above Obs 13.5 million won to G, but at around that time, embezzled 8.5 million won with the payment for his/her debt from Ischeon-si, etc.
2. Around September 10, 2012, the Defendant made a false statement to the victim B at the above “D office,” stating that “When the Defendant purchased and sold it after repairing it, the Defendant made an investment in the purchase fund.”
However, as the defendant bears a debt equivalent to 40 million won, he/she thought that he/she will use the money received from the victim to pay his/her debt, and he/she did not have any intention or ability to purchase and sell it.
Nevertheless, on September 15, 2012, the Defendant made a false statement to the victim as above, and received 10 million won in cash from the Defendant’s office located in Gyeonggi-si, Gyeonggi-si, with the Defendant’s agricultural bank account (H) on October 8, 2012, 7 million won in the Defendant’s name bank account (I) on November 22, 2012, and 10 million won in total from the Defendant’s office located in Changcheon-dong, Jeoncheon-si, Seoul-si, and 31 million won in cash from the Defendant’s office on March 5, 2013.
3. On April 02, 2013, the Defendant in breach of trust entered into a security agreement with the notary public KK office of Yeongdeungpo-gu J building 505, the Defendant’s said D’D’’ in the Defendant’s management to the repair center office as the mortgagee B, and pursuant to the agreement, the object transferred for security is obliged to transfer all of the tools, middle and long-term soil, home appliances, home appliances, and other facilities kept in the said D’s “D” to the victim B pursuant to the agreement.