1. Around November 1, 2012, the Defendant, along with C, used the amount of KRW 700,000 for personal purposes, such as withdrawing the said amount from the same day to C’s public charges, etc. while receiving a transfer of KRW 10,60,000 from the victim’s national bank account to the Defendant’s national bank account for the victim under the pretext of investment in futures option loan account (F5STSR) from the victim, on the part of the Defendant’s residence located in Daejeon Sung-gu, Daejeon, Daejeon, to make it possible for the Defendant to make a short-term profit when investing in futures option with the victim E, and used the said amount for personal purposes, such as making a deposit in the futures option loan account in the name of the Defendant.

Accordingly, the defendant embezzled the victim's property in collusion with C.

2. Around November 16, 2012, the Defendant, along with C, told the victim E to the effect that “the fee was changed due to the fact that an investment was made.”

However, in fact, around October 29, 2012, the defendant suffered a loss in the account invested by the victim, and the 10.6 million won invested by the victim, such as Paragraph 1, did not have any investment made in the name of the victim.

Nevertheless, the Defendant received 80,000 won from the victim to the national bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Data on admission and withdrawal;

1. Statement on the details of transactions by period;

1. Application of Acts and subordinate statutes to an investigation report (specific date of offense);

1. Articles 355(1) and 30 of the Criminal Act applicable to the relevant criminal facts (the point of embezzlement) Articles 347(1) and 30 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is more severe.