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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2012 Highest 2405]
1. The Defendant is a person who actually operates C Co., Ltd. established for the purpose of the steel processing business, etc., and is supplied with steel bars with the victim Han-il Construction Co., Ltd., the victim large-scale Construction Co., Ltd., the victim KCC Construction Co., Ltd., and raw materials iron bars, and concluded a contract for steel processing with the victims to supply them to the construction site designated by the victims, and received raw materials steel bars from
On April 20, 2012, the Defendant embezzled the total sum of KRW 53,424,00,00 by the same method, as indicated in the attached Table 1, from around that time to September 19, 2012, the Defendant sold the raw materials iron bars for victims in the open space of C Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-gun, the same day, including the sale of raw materials iron bars worth KRW 2,1840,000,00, in total, from F in the same day E, to September 19, 2012.
[Attachment 2012 Highest 2629]
2. On October 11, 2006, the Defendant made a false statement to the effect that “I” a victim G operating a limited liability company J from “I” operated by the Defendant located in the Gosong-gun, Goswon-gun, the Defendant supplied the pipe for the facilities of the plastic house to the farm and received the cost of installing the plastic house from the farm using such materials, and immediately paid the cost of installing the plastic house.”
However, there was a defect in the greenhouse constructed by the Defendant, and the Defendant was responsible for the obligation of KRW 1 billion to the Customer due to the shortage of operating expenses, and the Defendant was also difficult to recover the claims equivalent to KRW 510 million due to the defect in the greenhouse installed by the Defendant, and thus, there was no intention or ability to pay the amount even if the pipe for the plastic facilities was supplied by the victim.
As above, the defendant deceivings the victim and belongs to it.