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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant, on November 22, 2016, borrowed money from “D” office located in the Seocho-gu Seoul Metropolitan Government Office for Btel C, to the victim E within 60 days if he/she lends money to the victim E.
“A false representation was made.”
However, the defendant did not have the intention or ability to repay the money within 60 days even if he borrowed the money from the damaged person due to the lack of certain income at the time.
The Defendant received KRW 5,00,000 from the injured party, i.e., the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant has been engaged in the sales management of the said company as a “D” employee at the place specified in paragraph 1 from October 2016 to February 2017.
A. On October 20, 2016, the Defendant arbitrarily consumed KRW 8,720,000 in the same way from October 20, 2016 to December 23, 2016, including the fact that the said money was consumed for personal purposes, such as living expenses and Internet gambling funds, in mind at a daily center in Seoul Metropolitan City around that time.
B. On January 20, 2017, the Defendant used the aforementioned money for personal purposes, such as living expenses and Internet gambling funds, while keeping the sales proceeds of a mobile phone with an aesthetic amount for the victim at the above location on business, around that time, the Defendant spent the said money for personal purposes from January 20, 2017 to January 20, 2017.
2. up to 21. 21. A total of KRW 10,000,000 has been consumed at will by the same method.
Accordingly, the defendant embezzled the property of the victim while on duty.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to each loan certificate and fact-finding certificate;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act (the point of fraud) and each of the Criminal Act.