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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. A victim D, on February 2012, when the Defendant imported machinery from Peru, intended to establish a legal entity E in Peru and import machinery from the legal entity that the victim operated in Indonesia. However, due to the delay in issuing the tax code number of the legal entity E, he/she could not import machinery in the name of the legal entity. At that time, he/she entrusted the Defendant, who operated G legal entity in Peru, with the import of machinery by proxy.
From February 24, 2012 to June 1, 2012, the Defendant received all related expenses, such as customs duties, from the victim from the victim, and received them eight times from the Indonesian F corporation, and received the total sum of USD 834,98.88 (hereinafter “$ 834,98”) from the G corporation in the form of importing and selling them again to E corporation. On October 19, 2012, the Defendant, as agent, received USD 108,117.20 from the vice president H of E corporation and deposited them into the account of Peruvian Bank in the name of the Defendant, and then transferred them to the F corporation of Indonesia around that time.
2. The facts of embezzlement of the defendant;
A. A. Around October 31, 2012, the Defendant: (a) decided to transfer USD 726,881.68, the remainder of the proceeds of machinery from the vice president H of a legal entity E, to the F legal entity of Indonesia; (b) received checks as a check; and (c) deposited them into the Peruvian bank account in the name of G legal entity and kept them for the victim; (c) did not transfer them to the F legal entity of Indonesia; and (d) refused to return them to the victim.
B. Around February 24, 2012, the Defendant paid customs duties on the import of the said machinery with the money received from the victim, and around that time, returned 32,190 tons of the customs refund (hereinafter “indones of Peru”), and around that time, from around that time, the Defendant embezzled refund money related to the import of machinery.