Of the facts charged in the instant case, the charge of fraud is acquitted. The judgment of the court below is not guilty.

On June 29, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on June 29, 2012, and the judgment was finalized on November 17, 2012. On April 27, 2017, the Gwangju District Court sentenced ten months of imprisonment for fraud, etc. and one million won of fine was finalized on May 17, 2017.

[Criminal facts] The Defendant is a victim-based shareholder of the victim-based Seoul Special Metropolitan City Co., Ltd., and is substantially managing the said company.

On January 17, 2012, the Defendant: (a) had been in custody of the head of the corporate head of the Tong and the head of the private interest settlement bank in Seoul; (b) transferred KRW 2 million from the head of the above corporate head of the Tong to the account in the name of the wife E in order to promote IT business in Seoul on November 14, 2012; and (c) voluntarily used it for the cost of living, from that time until May 29, 2013, the Defendant withdrawn KRW 102,717,481 in total 18 times, as shown in the list of crimes in the separate list of crimes, and embezzled it arbitrarily by using it for personal purposes, such as personal criminal cases agreements, living expenses, etc.

Summary of Evidence

"2017 Gohap 139"

1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;

1. Statement made by each prosecutor with respect to F, G, and H;

1. Statement made by the police with regard to F;

1. Investigation report (to hear statements from a witness I by telephone);

1. Details of transactions, account transaction, account transaction details, account transaction details, passbook transaction details, passbook transaction details, passbook transaction details, post office transaction details, and transaction details of passbook transaction prior to the bank;

1. A previous conviction: A copy of the inquiry report, a copy of the judgment, a criminal investigation report (Attachment to the previous judgment and attachment to the previous judgment), a text of the judgment (No. 792), and a summary of the case (No. 2017 No. 792) shall apply to the statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Grounds for sentencing after Article 37 of the Criminal Act in the course of concurrent crimes: Provided, That the reason for sentencing provided for in the main sentence of Article 39 (1) (the crime at the time of sale and fraud for which judgment has become final and conclusive,

1. The scope of punishment by law;