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1. The defendant shall be punished by imprisonment for a period of two years and six months;
2. The applicant for compensation shall be dismissed;
Reasons
Punishment of the crime
around 18:40 on July 20, 2013, the Defendant agreed to the lease period of two days and rent of 140,000 won from F, an employee, at the victim-limited company E company located in Seo-gu, Seo-gu, Gwangju, and received the G K5 car owned by the victim.
Since then, the Defendant had extended the lease period by November 15, 2013 and kept and operated the said car for the victim. However, even if it had been delivered several messages, the Defendant refused to refund the said car with the ex-factory price of KRW 15,600,000 without any particular reason despite the fact that “any longer is impossible to lend the said car to the injured party by means of telephone and text message, because it is no longer possible to lend the said car.”
Accordingly, the defendant embezzled the victim's property.
around July 2013, the Defendant stated that “Ackcheon-si Mancheon-si Mancheon-si Mancheon-si Mancheon-si Mandong 11135, the Defendant, “Ack-gu Mancheon-gu Mancheon-si Man-si Man-si Man-ro tunnels and tunnels are being performed, and a corporation will proceed with construction and distribute profits if money is invested under the pretext of advance payment for construction subcontracting.”
However, the defendant did not have any intention or ability to proceed with the construction or distribute profits, even if he received money from the injured party because he did not have been in charge of the above construction.
The Defendant, as seen above, received 7 million won from the injured party’s victim’s h’s account from the Defendant’s wife on July 31, 2013 to the Defendant’s H’s account on July 31, 2013, and acquired 49 million won in total on eight occasions from the day to October 5, 2013 as indicated in the following crime list.
(1) A national bank account under H’s name as a bond insurance premium for the Corporation’s insurance on July 31, 2013, 201.6.20,000,000