On January 11, 2010, the Defendant organized a successful bidder with 31 members at a cafeteria located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, and operated the successful bidder by July 2012.

1. The victim C joined the above successful bid system operated by the defendant and paid 4 million won each month the total amount to be paid every month, and around March 2012, the 26th successful bidder of the above successful bid system is in the position to be paid as a successful bidder.

Since the Defendant received KRW 101,400,000 in total from the members of the fraternity around March 2012, the Defendant was the subject of the guidance, the Defendant, despite the duty to pay KRW 101,400,000 to the victim who is to receive the guidance money in that month, by failing to pay the said guidance money to the victim in violation of such duty, acquired economic benefits equivalent to the said guidance money and sustained economic losses equivalent to the said amount by the victim.

2. The victim C transferred KRW 3,480,000 to the Defendant’s account, even though the Defendant was not obligated to pay the three-month advance payment, in the position of receiving the advance payment around March 2012. < Amended by Act No. 11373, Mar. 16, 2012>

As above, while the Defendant received a remittance of KRW 3,480,000 from the victim for three months, and was kept for the victim, he embezzled the money by using it for personal purposes at the expense of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on notarial deeds;

1. Relevant Article 355 (2) and (1) of the Criminal Act, Articles 355 (1) and 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Among concurrent offenders, the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the decision of types] is not less than KRW 100 million but less than KRW 500 million [the person specially punished] [the decision of recommending area] one year or three years in the basic area [the decision of recommending area], and one year or three years in imprisonment, and the damage recovery or the victim are not less than KRW 1 year.