The defendant and the victim B came to know in December 2015 that the defendant and the victim were living together in prisons of the Gyeongbukbuk-do in North Korea.

On January 2018, the Defendant, by telephone, embezzled the victim’s “in-house share investment. (b) the amount of KRW 10 million investment may be reduced by 20-30 percent per month if investment is made to B.).” While receiving a total of KRW 40 million from the victim to April 2018, the Defendant arbitrarily consumed the amount of KRW 25 million from around August 2018, and embezzled it by using it as personal expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of statutes on verifying the details of financial transaction information to suspects;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the amount of less than KRW 100 million [no person specially punished] [the scope of recommendations and recommendations] basic area, imprisonment with prison labor for April through January 14 [the general person who is punished] - Where the purpose of living expenses, etc. is for basic living expenses, etc., no person shall be punished by the suspension of execution [the grounds for suspension of execution of punishment]

3. Determination of sentence: Determination of sentence within the scope of the above recommended sentence by taking full account of all the factors of sentencing, including the above sentencing factors.