A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant served as C club fee, which is the same workplace as the victim B, and left together and agreed to jointly start a restaurant.

1. On June 2016, in the above C office located in Ansan-si, Ansan-si, Busan-si, the Defendant made a false statement to the effect that “the Defendant would receive a loan from the victim, and would receive a joint and several sureties loan and make a joint and several sureties as a restaurant partner, and that the old-gu, which decided to start a business together with the Defendant, would not cause any damage due to the failure to delay the principal and interest of the loan.”

However, in fact, even if the defendant had the victim jointly and severally guaranteed a loan, he was thought to consume it for other purposes, such as Internet gambling funds, and there was no intention or ability to repay it.

Around June 27, 2016, the Defendant, by deceiving the victim, had the victim take a loan of KRW 20 million from the lending company, and had the Defendant take a joint and several surety, thereby acquiring property profits equivalent to KRW 20 million from the damaged party.

2. The embezzlement: (a) on December 7, 2016, the Defendant kept the joint operating funds in the Saemaul Treasury account in the name of the Defendant in the F restaurant operated jointly with the victim in Bupyeong-gu Incheon, Bupyeong-gu; (b) on the same day, arbitrarily transferred KRW 1 million to the Defendant’s personal bank account in the Defendant’s national bank; and (c) on December 15, 2016, KRW 500,000,000 to the Defendant’s personal bank account; and (d) on December 17, 2016, the Defendant embezzled KRW 250,000,000 in total by arbitrarily incurring KRW 500,000 from the joint operating funds kept in the aforesaid restaurant depository.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each loan agreement;

1. Application of Acts and subordinate statutes on transaction details by account and transaction details by account;

1. Relevant Article 347(1) 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, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.