Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, the defendant.

A. Defendant A appealed and served on February 21, 2014 on the receipt of the notification of the receipt of the trial records; Defendant A did not submit the statement of grounds for appeal within 20 days from the date the notification was served; Defendant A did not state the grounds for appeal in the petition of appeal

(However, the above defendant asserted that the sum of KRW 8.65 million was used by the defendant B, among the money transferred to the account in the name of L, among the charges against the same defendant after the lawful deadline for submitting the statement of grounds for appeal. However, the court below erred in the misapprehension of facts that the defendant A committed embezzlement.

Defendant

B (1) Defendant B’s use of the amount of KRW 70 million out of the amount invested by the victim is consistent. However, even if Defendant B used the amount of KRW 33 million as a business allowance for the Internet line recruited by the same Defendant, the crime of embezzlement is not established.

(2) Although the same defendant had an employee prepare the same document as indicated in the facts charged of this case, the same defendant does not affix the seal of P Co., Ltd. to the above document. Thus, the crime of forging private documents and uttering of the above investigation document are not established against the same defendant.

(3) The sentence imposed by the court below on the above defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. Of the facts charged in this case’s ex officio determination as to Defendant A, Defendant A transferred money from the victim on May 23, 2011 to the account in the name of M out of KRW 29.7 million, which was transferred by Defendant A to the account in the name of L.

5. 24. Retransfered the same year as five million won.

6.7. Re-transfer of 3.65 million won ex officio is examined as to the embezzlement by using 8.65 million won at will around that time.

(1) A summary of the facts charged against Defendant A and B around May 7, 2011, in the G operation of Defendant B of Jongno-gu Seoul Metropolitan Government 4th floor around May 7, 201, the victim H and mobile phone and other communications products.