Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Punishment of the crime

[2018 Highest 387] Defendant A, B

1. On July 1, 2015, in the course of preparing a “written agreement on transfer and takeover,” in E offices located in Si/Gu, on or before the racing, Defendant A made a false endorsement of an electronic bill (e.g., bill number H, issue date, May 6, 2015; and August 28, 2015, 2015) issued by (i) G as the down payment in the written agreement on transfer and takeover, and (ii) the victim paid the electronic bill (e.g., bill number H, issue date, May 6, 2015; and (iii) the maturity date, August 28, 2015, Defendant A paid the victim with endorsement of the electronic bill (e.g., this electronic bill is purchased and sold real estate located in Jjin-dong, Si-si, and is paid from the purchaser for the purchase price.”

However, in fact, since the above electronic bill is a loan bill received by the J, a corporation which entered into a letter of understanding with I in connection with the investment in real estate located in J-dong at the time of racing and it is anticipated that it will be defaulted on the settlement date, the defendant did not have the intent or ability to make the above electronic bill settled normally even if he receives a discount from

Nevertheless, the Defendant, without notifying the victim of the foregoing circumstances, by deceiving the victim as if the said electronic bill would normally be settled by the issuing company on the settlement date, and was transferred from the victim to the K Bank account in the name of the Defendant (L) around July 29, 2015 as the foregoing electronic bill discount amount.

Accordingly, the defendant was given property by deceiving the victim.

2. Defendant B, from September 2015 to January 2016, the Defendant served as the actual representative of Victim D, a victim corporation, who was in racing-si, and was in charge of exercising overall control over D’s operation. A.

M. The Defendant, on November 13, 2015, embezzled for KRW 40 million, in the name of the victim D, in the E office located in D on November 13, 2015.