A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant was a person who was working as a driver of a heavy vehicle in Gangseo-gu Seoul Metropolitan Government B Building C Co., Ltd. D.

Around January 2019, the Defendant entered into a contract with a limited liability company E (hereinafter “E”) on behalf of the victim company to purchase a serious levir vehicle equivalent to KRW 97 million at the market price, and falsely concluded that “the victim company shall transfer KRW 98 million to the account under the name of E, including KRW 1 million at the intervals of the victim company” to the victim company.

However, if the victim company transfers money to E in the name of the purchase price of the used vehicle for the used vehicle, the victim company did not have the intent or ability to purchase the used vehicle for the victim company, even if it receives the purchase price of the used vehicle from the victim company, because it was thought that the above money was returned to the account in which the defendant used for personal use and was used for repayment of debts and gambling.

Nevertheless, the Defendant deceiving the victim and transferred 98 million won to the account in the name of E around January 11, 2019 by the victim company, and then the employee transferred 98 million won to E by telephone to E, and the above amount was erroneously remitted to E as the purchase price of another vehicle. In other words, the Defendant would return the above amount. If the Defendant would return the money later, then he would transfer the money again to 97 million won in the name of DF bank (G) managed by the Defendant from E. on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of remittance statements and Acts and subordinate statutes governing financial transactions;

1. Circumstances that are disadvantageous to the defendant such as the pertinent provision of the relevant criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the circumstance that the crime is recognized, the fact that there is no criminal record other than a single fine, etc., the victim was unable to recover damage, the fact that the victim wanted to escape the defendant's severe punishment, and approximately 6.