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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
around April 11, 2016, the Defendant embezzled the above vehicle equivalent to KRW 30 million at the market price by arbitrarily offering the above vehicle to the middle and high-ranking E with the aim of paying the Defendant’s personal debt around April 13, 2016, with the intention of lending and operating the Doz vehicles owned by the victim C and keeping the vehicle for the victim.
"2017 Highest 2707"
1. On October 16, 2015, the Defendant made a false statement that “The Defendant would make payment two months after lending KRW 30 million to the victim G at a factory located in F in the Gyeonggi-si, the Gyeonggi-si.”
However, in fact, the Defendant borrowed KRW 70 million as a loan of security deposit for lease on a deposit basis in 2013 and did not change this, and even until October 2015, the Defendant still remains about KRW 60 million. In addition, the Defendant was unable to pay KRW 10 million at the time of the purchase of the vehicle. On the other hand, even if the Defendant borrowed money from the damaged party because the Defendant’s property and income was almost rare, it did not have any intent and ability to repay it more than two months.
Nevertheless, the Defendant, as seen above, received 27 million won from October 16, 2015, excluding three million won as a prior interest from the victim to the end of October 2015, and acquired the victim by deception.
2. Around April 2016, the Defendant: (a) heard that, when entering into a contract with Hyundai Construction (State) to sell multi-family housing to 2,133 units of multi-family housing to be constructed in J and 38 units of housing, J in Gyeonggi-si; (b) paid 200 million won to I, the Defendant would pay 3.95 billion won as sales agency fees; and (c) sought that, in order to raise 200 million won of the said deposit, the Defendant provided L to the victim via Internet NA-site car page to raise 200 million won.
Accordingly, the defendant and the victim are secured by 20 million won.