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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. The Defendant is a person in charge of business embezzlement who is working for the victim D Co., Ltd. and collects money from the customer.
From March 3, 2014 to November 25, 2014, the Defendant concluded a contract for the supply of ready-mixed with Korea Construction Co., Ltd. on behalf of the victim and had the victim supply ready-mixeds equivalent to KRW 114,298,30 to Korea Construction Co., Ltd.; from February 25, 2014 to December 10, 2014, the Defendant received KRW 88,380,200 from Korea Construction Co., Ltd. from February 25, 2014 to December 25, 2014 as the supply price for ready-mixed, and had the victim keep it on his/her duty.
around that time, the Defendant deposited KRW 60,00,000 out of the supply price of ready-mixed, which was kept for the victim on duty, and embezzled the remainder of KRW 28,380,200 for personal use, and used KRW 357,869,940 for personal use while receiving the supply price of ready-mixed from a total of 23 companies, as shown in the attached crime list, and embezzled it for personal use.
2. Fraud;
A. On September 2, 2014, the Defendant stated that the “G company” operated by the Victim F, which is located in E at the time of Seosan-si, would be supplied to the victim at least KRW 60,000 per 1 cubic meter of the original ready-mixed, and that the Defendant would be supplied to the victim at least KRW 50,000 per 1 cubic meter of the ready-mixed, if the supply price of ready-mixed is paid in advance.
However, in fact, the Defendant assumed the H company that had previously been on duty the amount of 300,000,000 won or more to pay for the supply of ready-mixed with the victim, and there was no intention or ability to supply ready-mixed to the victim.
Accordingly, the Defendant, by deceiving the victim, received 10,000,000 won from the victim to the agricultural bank account under the name of the Defendant on September 4, 2014 as the price for supply of ready-mixed.
B. The Defendant is a building in the I and J around December 18, 2014.