On February 3, 2012, the Defendant was sentenced to 10 months of imprisonment with labor for occupational embezzlement, etc. at the Gwangju District Court on September 19, 2012 and completed the enforcement of the sentence.

1. In September 2013, the Defendant stated that “The Defendant would pay 100,000 won to the victim D at a prompt time, because there is no money to pay the monthly rent of the room currently living at present,” at the C office located in Gwangju Mine-gu, Gwangju.

However, even if the defendant borrowed money from the injured party, the defendant did not have any idea to use it as a monthly income, and there was no intention or ability to pay the money to the injured party.

As such, the Defendant, by deceiving the victim and receiving KRW 1 million from the victim as the borrowed money, received KRW 6,90,000 through five times, such as 1,5, and 8 attached crime sight table 1, 5, and 6,90,000,000, as well as 1,615,000 won through three times, such as 1,615,000 won and 2, and 4.

2. In January 2015, the Defendant embezzled KRW 800,000,000,000,000 for the victim by requesting the injured party to transfer plastic money from the injured party to his/her customer, and was kept in custody for the victim. At that time, the Defendant embezzled KRW 400,000,000 for two times as shown in the list of crimes in the attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. His/her own protocol against the accused by the prosecution;

1. Statement made by the police against D;

1. Previous convictions: inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the date of release);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes (excluding the crime of fraud committed on December 13, 2016)

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, the reason for sentencing of concurrent crimes, the defendant's fraud, occupational embezzlement, etc.