[B] On February 2, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. in the Gwangju District Court’s Netcheon Branch on July 3, 2018, and the said judgment became final and conclusive on July 3, 2018.

[2018 Highest 2038] The Defendant would supply the victim B with a new signal corresponding to the above money at a coffee shop where it is impossible to find out the trade name located in the Soho-dong around July 2012.

“.....”

However, even if the defendant received the above money from the injured party, he is thought to be used for the personal purpose, and since he has already received advance payment from many new distribution business operators other than the injured party, he had no intention or ability to supply the above money to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 30 million to the bank account in the name of each Defendant’s spouse, from the victim to the victim; and (c) KRW 30 million on September 19, 2012 to the bank account in the name of each Defendant’s spouse.

Accordingly, the defendant deceivings the victim and defrauds the property of 60 million won in total.

[2018 Highest 2728] On December 11, 2012, the Defendant received KRW 150,000 from the injured party to a bank account (G) in the name of the Defendant’s spouse, and paid KRW 110,000,000,000 to E for the first time on January 201, 201, in order to enter into a new type fishing village fraternity, etc., on behalf of the injured party E, and used KRW 40,000,000 for personal purposes, such as the card payment, etc. around that time while the injured party was kept for the injured party.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

[2018 Highest 2038]

1. Statement by the defendant in court;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the replacement part of the suspect);

1. Statement made by the police against B;

1. Details of transactions of deposits and withdrawals;

1. A copy of each judgment;

1. Each investigation report (each.