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A defendant shall be punished by imprisonment for one year.
Costs of lawsuit shall be borne by the defendant.
Reasons
Punishment of the crime
On November 5, 2019, the Defendant was sentenced to imprisonment with prison labor and two years and six months for fraud at the Daejeon District Court, and the above judgment became final and conclusive on January 10, 2020.
The Defendant, from January 2, 2012 to August 14, 2012, agreed to operate the “C” and the “C”, which is located in Seosan City B, on the condition that the victim D and profits would amount to the same business, and the victim invested the initial acceptance and operating funds, and the Defendant actually operated the business, such as sales.
1. From January 201 to August 14, 2012, the Defendant, who used the EF association account, embezzled the full amount of KRW 44,414,160, and used the remainder of KRW 112,107,847 for the victim’s personal use, such as stock investment, etc., in the Defendant’s residence, etc. during his/her business custody at around the time when he/she embezzled the total amount of KRW 15,819,127, which was the sum of KRW 155,819,127 from January 14, 2012.
2. From January 2012 to August 14, 2012, the Defendant, using the G’s name FF Cooperative account, embezzled the full amount of KRW 11,772,490, which used the remainder of KRW 60,510,564 as operating expenses for store business, such as the payment of electric charges, and embezzled the total amount of KRW 11,772,510,564 as an employee’s personal use, such as stock investment, at the Defendant’s residence, etc. during his/her business custody at around that time.
3. The Defendant, who used H’s account from January 2, 2012 to August 14, 2012, transferred KRW 26,856,00 in total over 34 times, as shown in the annexed Table of Crimes, to the Defendant’s residence at around the time when he/she transferred KRW 1.5 million in cash to the Defendant’s FF association account in the course of his/her occupational storage for the victim, on January 3, 2012.