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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On June 2006, the Defendant: (a) purchased 8,675 square meters of five parcels, including E, E, etc., and constructed a factory; and (b) made an investment in cash of KRW 210,000,000,000,000 in money; (c) the Defendant decided to borrow and invest KRW 200,000 from a bank as collateral, but the Defendant agreed to pay interest on the loan amount of KRW 200,000,000,000,000,000,0000,000,000,000,
Around April 2008, the Defendant proposed that “Around April 2008, the Defendant provided the said land as security and appropriated the construction cost with the said money, and the bank would pay KRW 200,000,000,000 which was borrowed in the name of the Plaintiff before the loan was made, and the victim consented thereto.”
On April 23, 2008, the Defendant provided the above land as a collateral and borrowed KRW 650 million from the Kimhae Agricultural Cooperative, which was located in father-dong, Kimhae-si, Kimhae-si, and used the loan of KRW 200 million to repay the loan to the Defendant, and kept the remainder of KRW 450 million in custody, the Defendant embezzled it by arbitrarily consuming it with loans between private persons, bank loans, interest, living expenses, insurance premium, credit card payment, etc. around that time.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Each recording recording, each statement of transactions, investigation reports, and accompanying documents (No. 16 to 19) asserts that the defense counsel did not have an intention to obtain an unlawful acquisition of KRW 450 million against the defendant.
However, the following circumstances acknowledged by each evidence of the ruling, i.e., when based on the transaction details of the bank account that received a loan of KRW 650 million (Evidence No. 12), and on April 23, 2008, most of the remaining balance after repayment of KRW 200 million of the loan immediately after obtaining the loan from April 23, 2008.