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A person shall be punished by imprisonment with prison labor for not less than four months for the first and second crimes in which he/she held a defendant, and by imprisonment for not more than two months for the third crimes in its holding.
Reasons
Punishment of the crime
[2014 Highest 879] The Defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court on August 18, 201, and the said judgment became final and conclusive on October 31, 201.
1. On April 15, 2010, the Defendant received KRW 10 million from the victim’s deposit account on April 15, 2010 to the Defendant’s account on the part of the Seoul Dongjak-gu Office for the Defendant’s operation of Defendant C, and acquired the victim E, even if the Defendant did not have the intent or ability to subcontract the removal of reconstruction works located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the victim E, with the intention or ability to subcontract the removal works. Of that, the Defendant made a false statement to the 10 million re-building construction deposit to subcontract the removal works.
2. On May 2010, the Defendant made a false statement to the victim E, stating that “If the Defendant did not have any intent or ability to take over F, a construction company, he/she would be able to take over F at once, he/she would be able to take over F, which is a larger construction company, he/she would be 50 million won and will be 50 million won by adding the money and interest he/she borrowed before borrowing money for the purpose of taking over.” The Defendant acquired money from the victim for the purpose of borrowing money from the victim.
[2014 Highest 1668]
3. Around January 15, 2014, the Defendant was entrusted with the business of purchasing steel from the victim G at the Dap Development Office Co., Ltd., Ltd., 202, Nam-gu, Incheon, Nam-gu, Incheon, 180, 77,000,000 won. On January 15, 2014, the Defendant was transferred the purchase price of KRW 25,000,000 from the victim to the Defendant’s agricultural deposit account, and was in custody for the victim, and then embezzled KRW 14,50,000,000,000 from the time of the transfer to the Defendant’s agricultural deposit account.
Summary of Evidence
(b).