A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2013Kadan2316] On October 9, 2007, the Defendant filed an application for a secondhand loan to the effect that “The amount of KRW 15 million is to be repaid in 36 months in 5,000,000 per month on the loan of KRW 15,000,000,000 to purchase the 17,880,000,000 won at the time of the loan at the office of the Daejeon Highest Branch Office of the Victim Hyundai Capital Co., Ltd., Ltd., located in the fourth floor of the Daejeon Seo-dong Daejeon Special Metropolitan City Railroad Corporation Research Institute, Seo-gu, Daejeon.”

However, the above combined vehicles were exported overseas on August 10, 2007, and the defendant applied for a loan to the victim company to raise business funds without the intent to purchase the above combined vehicles.

The Defendant, as such, by deceiving the victim company, received KRW 15 million from the victim company to the Bank account in the name of the Defendant’s name on October 9, 2007, under the pretext of loans around October 9, 2007.

[2013 Highest 2692] The Defendant, from March 2010 to November 14, 2012, has been engaged in cleaning agency business as a proxy of D Co., Ltd in Busan Dong-gu, Busan, for the management of human resources, payment of personnel expenses, business transaction fees, and business transaction management.

1. Around July 27, 2012, the Defendant collected KRW 300,000 from “E”, which is a customer of the victim D Co., Ltd. located in Goyang-si, Goyang-si, and consumed the service cost for personal use in an insular place while working for the victim company.

In addition, from July 2012 to October 30, 2012, the Defendant, as indicated in the list of crimes (1) from July 2012 to October 30, 2012, spent the Defendant’s personal consumption for the purpose of using the victim’s business by collecting a total of KRW 2,640,000 from 6 business partners of the victim’s company, while keeping it for business

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

2. The Defendant forged a private document from “F”, which is a customer of D&C.