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A defendant shall be punished by imprisonment for not less than eight months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The Defendant is a person who operated the “E” from around 1999 to March 2012, the Defendant is a person who operated a computer sales business, etc., and the victim C is a person who used the same office as the Defendant and operated a separate business.
1. Around August 27, 2010, the Defendant: (a) accepted the request from the above victim C to “F” for the service payment to be received from the said victim C; (b) however, due to the fact that the internal price was not registered, the Defendant received the request from the said “F” to transfer 14.3 million won from the said “F” to the Defendant’s account of community credit cooperatives; and (c) received the remittance of KRW 13 million from the said “F to the Defendant’s account of community credit cooperatives; and (d) kept in custody for the victim, excluding value-added tax 10%.
On August 28, 2010, while the Defendant kept the above 13 million won for the victim, the Defendant embezzled them by purchasing goods necessary for the Defendant’s business at will.
2. On May 16, 201, the fraud Defendant: (a) borrowed the remainder of the money, other than value-added tax, excluding value-added tax, from among the money 1,6.5 million won that the said victim C receives from “F” from “F; and (b) falsely stated that he/she would give 5% interest if he/she lends one day only.”
However, even if the Defendant received money from the customer, the Defendant was expected to use the money as an individual debt repayment. Moreover, the Defendant’s sole property “Yung-si G Apartment 104 Dong 308,” which is the only property of the Defendant, was set up a collateral security exceeding the property value. Since the obligation to the customer was accumulated more than 60 million won in unreasonable expansion of business from around 2007, there was no intention or ability to pay the money even if he borrowed money from the victim.
As such, the Defendant deceptions the victim, and let the victim F of the Company F on the same day.