A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 18, 2012, the Defendant was sentenced to six months of imprisonment for embezzlement and two years of suspended execution at the Suwon District Court on March 12, 2012, and the judgment became final and conclusive.

The defendant is a person who operates a building company, "No. 202 'D', of the second floor of Pyeongtaek-si building.

1. On November 12, 2010, the Defendant: (a) at the office of the Asia-si E&A in which the Defendant was operated, the Defendant provided that “The Defendant would repay the amount within 10 days if the Defendant borrowed KRW 5 million business funds.” However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the amount.

As such, the defendant deceivings the victim, which is, i.e., 5 million won in cash from the victim, and acquired it by fraud.

2. On November 29, 2010, the Defendant: “Around November 29, 2010, the victim F is not obliged to pay the down payment of KRW 30 million by entering into a contract for multi-household housing construction to the Gyeongjin-gun, Chungcheongnam-gun, and paying the down payment.” However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the down payment.

As such, the Defendant, by deceiving the victim, received 27 million won from the victim to the Industrial Bank of Korea account in the name of G by the mother of the Defendant.

3. On November 1, 201, the Defendant: “Around November 11, 2011, the victim F shall collect construction expenses incurred in the military and mountain construction from the victim F, and there is insufficient expenses. It is not sufficient that the victim F will repay the construction expenses incurred in the transfer of KRW 2.50,000 to the cash borrowed before receiving the construction expenses.” However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the said expenses.

As such, the Defendant, by deceiving the victim, received 250,000 won from the victim to the account under the name of the Defendant’s wife.

4. The Defendant: (a) on November 29, 201, at an infertility place; and (b) on the victim F.