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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
1. On July 27, 2015, the Defendant made a false statement that “The Defendant would make payment of the remaining vehicle installments to the victim D at the office of Jungwon-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City (State) to transfer the name of the owner of the E B B to (State) C on the face of a week.”
However, even if the injured party pays an installment on behalf of the injured party, the defendant had the above vehicle and was planning to sell it to the third party again, and there was no intention or ability to register the name of the owner in the name of the third party.
The Defendant, as such, by deceiving the victim, was transferred 11,271,829 won from the victim, to the G bank account in the name of F as installment.
2. The Defendant is a person who, from February 2015 to July 2015, served as a business employee in the Victim Company (State)C from around February 2015 to around July 2015.
around August 29, 2015, the Defendant deposited KRW 10 million in the H bank account under the name of the Defendant used as a corporate account (hereinafter “corporation account”) and deposited KRW 10 million in the name of the victim company for the sake of the victim company. On August 29, 2015, the Defendant arbitrarily transferred KRW 400,000 to H bank account under the name of the Defendant from around August 30, 2017 to the H bank account under the name of the Defendant, with KRW 10,000 from around September 5, 2017 to the J bank account under the name of the Defendant, and from around September 6, 2017 to the J bank account under the name of the Defendant, Defendant embezzled KRW 100,000 from around September 1, 2017 to the J bank account under the name of the Defendant, to KRW 100,000,000,000 from around September 30, 2017.
Summary of Evidence
1. A protocol concerning the interrogation of each police suspect against the accused;
1. Statement made by the police with respect to N;
1. Application of Acts and subordinate statutes to the details of installment payments, and details of fund transfer;
1. Article 347(1) of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning criminal facts and the choice of punishment (the fraud point).