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Defendants shall be punished by imprisonment for six months.
However, the above sentence against Defendant B for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Defendant A, at the L office located in Asia-si around October 2014, Defendant A, at the time of Busan-si, would sell to the victim M if the victim M sent the 629 km leader in possession.
“A false representation was made.”
However, in fact, Defendant A had been liable for approximately KRW 200 million at the time, and Defendant A had been in arrears for three months, and had the obligation to pay for the goods amounting to KRW 25 million. Therefore, even if the victim received the leader, Defendant A was thought to have sold it and used it at will, and there was no intention or ability to pay the price to the victim.
Nevertheless, Defendant A was issued the same 4,403,00 won in the same day from the injured party as above, and the Defendant A was issued the same 629kg in the same day.
2. Defendant B, from July 2013 to December 2014, in the course of operating a O, which is an extraction firm from Pyeongtaek-sin, Defendant B, who was supplied by its customers, was in charge of the business of keeping the O for the customers after extracting the O.
Defendant
B, from February 2, 2014 to March 2014, through supply of 41,690 gs equivalent to KRW 191,747,00, which is the victim M at the request of the above O office, and processed them at the request of the victim M, and approximately 32 metric tons extracted from the same be kept in custody for the victim.
Defendant
B, while having been delegated by A to dispose of only 6 tons of old Ri 6 tons during the custody of the foregoing old Ri, around April 2014, he embezzled 26 tons of old Ri 17,500,000 won by arbitrarily disposing of the entire quantity of 32 tons of the above old Ri 32 tons to P around 12,000 won.
Accordingly, Defendant B embezzled 26 tons of old-ri, which was kept on duty for the victim.
Summary of Evidence
1. The defendant A's partial statement
1. Defendant B’s legal statement
1. Partial statement of the witness M;
1. Part of the statement in the first interrogation protocol for Q was made (the defense counsel of Defendant A, and the payment of the said leader was made by the said Defendant on October 2014.