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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On March 20, 2013, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on August 20, 201, and the judgment became final and conclusive on March 28, 2013.
【Criminal Facts】
The defendant was a director of the business division in C Co., Ltd., which is an enterprise producing the electric power plant as soon as possible, and the victim D is the representative of the private business chain E Co., Ltd. who produces and supplies the electric power plant as soon as possible to the above company.
1. On June 2, 2014, around June 2, 2014, the defrauded concluded that “If the Defendant is entrusted with the cash card of the account that manages the funds of the E company, he/she would transfer the deposited materials supply price to the company that supplies the materials,” at the E company office located in the Hanam-si F.
However, even if the defendant received the cash card from the account that manages the E company's funds from the victim, he did not intend to remit the material price to the E company that supplied the materials, and he thought to arbitrarily use the money deposited in the above account.
On June 2, 2014, the Defendant issued one cash card from the one bank account, which is an account managing the funds of the company, from the victim, and identified the password from the victim, and transferred KRW 1,512,40 to the national bank account in the name of the Defendant’s wife G on June 2, 2014, and transferred KRW 5,000,000 to the national bank account in the name of the Defendant on June 2, 2014, and transferred KRW 10,000 to the agricultural bank account in the name of the Defendant on June 4, 2014.
Accordingly, the defendant, by deceiving the victim, acquired a total of 16,512,400 won property interest.
2. On June 12, 2014, at the same place as Paragraph 1, around June 12, 2014, the Defendant is entitled to deposit the purchase price to pay the price for the products supplied by the said victim from E Company C in an electronic bill.