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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The Defendant is a person who operates D in the Embezzlement building B and C Dong office at the time of Embezzlement.
On April 28, 2017, the Defendant issued a correction ex officio to the Victim F, who operates “E” (E), a storage cell production company around April 28, 2017; and “68,110,900 won” written indictment in the name of G, is obvious that it is a clerical error, and thus, it is corrected ex officio.
A considerable amount of storage batteries can be supplied to Korean power. Accordingly, the amount of storage batteries supplied will be paid with the above G.
“The victim agreed,” and the victim supplied the storage batteries to the Korean power under G’s name.
After that, the Defendant received 68,110,90 won from G to the Republic of Korea for the storage of the victim. On May 13, 2017, the Defendant embezzled the land price of the house newly built on the ground located in the south-gun H land and the construction cost.
In addition, the Defendant, from that time until June 20, 2017, provided a storage cell to the victim in a total of five times through the foregoing method, as indicated in the attached list of crimes, and embezzled the storage cell by using it as above while receiving a total of KRW 144,507,400 from the delivery company and being kept for the victim.
2. The Defendant, even if having borrowed money from the injured party, did not have the intent or ability to repay the money. However, around May 17, 2017, the Defendant did not have money in relation to the remaining construction site.
It will be repaid within the number of weeks from the lending of money.
Within August 2017, the Corporation is completed.
Upon completion of the construction project, the amount of storage batteries may also be paid.
“The phrase “ was false.”
The defendant deceivings the victim as above and caused the victim to remit the amount of KRW 11 million to the corporate bank account (J) in the name of the defendant I in the same day and acquired it by delivery.
Summary of Evidence
1. Statement by the defendant in court;
1.F.