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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant became aware of the Victim B around January 2020 and supported the Victim’s real estate brokerage business from June 2020.
1. On July 13, 2020, the Defendant made a false statement to the effect that “D” located in Junggu Daegu-gu, Daegu-gu, would lend the victim the down payment of KRW 10 million to purchase the vehicle.”
However, in fact, the defendant thought that he borrowed money from the damaged person for gambling, so even if he borrowed money from the damaged person, he did not have the intention or ability to use it for the purchase of the motor vehicle.
The defendant deceivings the victim as above and received 10 million won in the name of the defendant company bank (number : E) under the name of the victim from the victim on the same day.
2. The Defendant was engaged in the business embezzlement of the victim’s real estate brokerage business from around June 2020. Around July 14, 2020, when the buyer of real estate deposited the down payment of KRW 2,379,000,000 to the seller, and the buyer of real estate deposited the money in the account in the name of the Defendant under the name of the Defendant, and used the money for personal use, such as gambling, entertainment, etc., in the name of the victim at Daegu National Assembly around that time.
Accordingly, the defendant embezzled the victim's property.
3. On July 14, 2020, the Defendant discovered KRW 13.4 million in cash owned by the victim, which was located in a transparent brost in the htel parking lot in Daegu-gu, Daegu-gu, and sought documents by boarding the victim’s car driver’s seat and parked therein at the victim’s request. The Defendant discovered KRW 13.4 million in cash, which was located in the victim’s seat in the htel brobbbb Park, and then down the victim’s seat.
L. A. L. theft was committed.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to verify CCTV images;
1. Relevant Article 347(1) of the Criminal Act and Articles 347(1) of the Criminal Act (the point of fraud), Articles 356 and 355(1) (the point of occupational embezzlement) of the Criminal Act concerning criminal facts.