A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 25, 2014, the Defendant was sentenced to two years of suspension of execution on August 1, 2015 for embezzlement, etc. in the Daejeon District Court Branch Branch of the Daejeon District Court on August 25, 2014, and the said judgment became final and conclusive.

On May 30, 2014, the Defendant made a false statement to the victim D, who supplied the seal to the above site while working as the head of the on-site tree team at the construction site in Ulsan-gu, Ulsan-gu, Seoul-do, and the victim D, who supplied the seal to the above site, stating that “The Defendant would pay the personnel expenses to the members of the on-site workers living in the inside and outside of the construction site, and would lend the money that would reduce the repayment upon the termination of the construction cost.”

However, in fact, the Defendant was thought to pay the Defendant’s existing debt, rather than the Defendant’s wage for the employees at the construction site, or for the employees at other construction sites, not for the employees. Around March 2013, when operating the Plaintiff Company E, it was accumulated that the Defendant was unable to pay wages to the employees, such as delayed payment of the amount equivalent to KRW 50850,000,000. Ultimately, the Defendant could not properly proceed with the work at the construction site. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability to pay the said money.

Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) received each remittance of KRW 2,340,000,000 around May 31, 2014; (c) KRW 3150,000 around June 9, 2014; (d) KRW 1050,000 around June 10, 2014; and (e) KRW 2,865,00,000,000 around June 12, 2014 from the victim’s personal account under the name of the Defendant; and (e) KRW 1,865,00,00 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Each description of G, each of the loans, and the details of transactions;

1. Previous records of judgment: Application of Acts and subordinate statutes stated in investigation reports (Attachment of a copy of the judgment concerned), written judgments, inquiries about criminal history, and criminal records;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Article 37(1)1 of the Criminal Act, provided that the punishment of concurrent crimes is based on Article 39(1)1.