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

[2019 Highest 4508] The Defendant was a person in a bad credit standing status from May 2016 due to a debt equivalent to approximately KRW 400 million, and around December 2017, the Defendant was in a situation where it is necessary to pay a debt to a financial institution, etc., even though it was excluded from living expenses, and the Defendant was in a situation where the Defendant’s income at the time was unable to bear the above expenses.

1. Around December 22, 2017, the Defendant of virtual currency embezzlement: (a) at the “D Burial” operated by the victim C in Seo-gu, Seo-gu, Gwangju, the Defendant recommended the victim to purchase virtual currency: (b) “I would sell money to the coin, and would sell coin in lieu of the accounts within three days if I would sell coin; (c) I would like to sell the coin; (d) KRW 4 million on the same day from the victim; (c) around January 2, 2018; and (d) KRW 3 million from the victim; and (d) around January 9, 2018, the Defendant purchased KRW 688,956, a total sum of KRW 680,000,000,000,000 to the Defendant’s account for the Defendant and kept the victim for the sake of the victim.

On January 2018, when the Defendant kept 80.2513 virtual currency for the victim, the Defendant refused the said request and embezzled it by not returning the said virtual currency, even though he received a request from the victim to exchange and return the said virtual currency.

2. On December 27, 2017, the nominal fraud Defendant made a false statement to the victim C, stating, “I would immediately lend money to the victim for living expenses.”

However, the Defendant, except for living expenses in bad credit standing at the time, was in need of KRW 2 million every month due to the repayment of the obligation to financial institutions, etc., and thus, the Defendant was in a state of enemy who was unable to meet the above expenses at the time, and thus there was no intention or ability to pay such expenses even if he borrowed money from the victim.

Nevertheless, the defendant.