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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2012 Highest 7181] On August 12, 2011, the Defendant, at the Defendant’s office located in Dongjak-gu Seoul Metropolitan Government Dongjak-gu, provided the victim E with a bill number “F,” “F,” the date of issuance “ August 11, 201,” “payment date,” “M, Busan Bank of the Company,” “30 million won,” at the place of payment,” at the request of a discount on one of the promissory notes issued, which was kept for the victim, and embezzled the said promissory notes by arbitrarily delivering them to a third party on the part of the victim’s name.
【The Defendant, at the Suwon District Court around November 1, 2005, sentenced one year and six months of imprisonment for a crime of fraud, etc., and on March 29, 2007, at the same court, sentenced four months of imprisonment for a crime of fraud and ten months of imprisonment for the execution of each of the above punishment, was provisionally released on August 14, 2007 and the remaining term of imprisonment was expired around October 7, 2007.
On December 23, 2009, the Defendant stated to the effect that “In order to carry out a hot spring business at the Hawon-gun, Kuwon-gun, Kuwon-gun, Kuwon-gun, the Defendant borrowed KRW 20 million as it is necessary to carry out a design and survey, and that “The above loan will be repaid immediately with the construction work and the above loan will be repaid.”
However, even if the defendant borrowed money from the victim, he did not wish to use it for the hot spring business, and even if he borrowed money from the victim because there was no particular property or income at the time, he did not have an intention or ability to repay it.
As such, the Defendant, by deceiving the victim, received KRW 10 million on the same day from the victim, and obtained KRW 10 million on March 11, 2010 from the victim to the post office account under the name of the Defendant, and acquired KRW 20 million in total.
【2013 Highest 1916】 The Defendant is in the office of K, a corporate body located in the Gwanak-gu Seoul Special Metropolitan CityJ on October 2010, and the fact is in the absence of the intent or ability to attract the investment to the victim M, who is the representative director of L.