On May 7, 2014, the Defendant called the victim B B’s son at an insular place on May 7, 2014, and may purchase the machine to sell it to the drilling from now to now.

On September 1, 2014, all volume will be supplied in order to secure quantity.

“.” Around May 7, 2014, the Plaintiff received KRW 3.5 million from the victim’s account in the name of the Defendant, as well as deposit of KRW 3.5 million from the Plaintiff’s account in the name of the Defendant. Around May 7, 2014, the Plaintiff received KRW 38,130,000 from May 7, 2014 to August 28, 2014 as indicated in the list of crimes in the attached Table.

However, in fact, the defendant thought that he would use the money deposited from the damaged party as living expenses, etc., so even if he received the money as above, he did not have the intention or ability to deliver the money to the deceased.

As a result, the Defendant acquired 38,130,000 won from the injured party under the pretext of the purchase price for memorials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Investigation report (Submission of documentary evidence B by the complainant);

1. A detailed statement of account transactions (the details of deposits of damaged amount) and application of Acts and subordinate statutes on the table before deposits;

1. In light of the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act’s reasons for sentencing (a comprehensive determination of a sentence of imprisonment) of the choice of punishment: The circumstances that are unfavorable to recovery of a considerable portion of the amount of damage: (a) the defendant recognizes all of the instant crimes, and reflects the fact that the defendant partly repaid the amount of damage; (b) the defendant’s age, sexual conduct, intelligence and environment; (c) relationship with the victim; (d) motive, means and consequence of the crime; and (e) other factors for sentencing as prescribed in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime, etc. are considered.