Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On May 31, 2013, the Defendant introduced KK to the victim J who wishes to obtain good appraisal of real estate for a secured loan.

On June 7, 2013, the Defendant received KRW 10 million from the Victim J to deliver the retainer fee of KRW 10 million related to the appraisal and assessment to K, and embezzled KRW 3 million by using the Defendant’s living cost, except KRW 7 million, which was remitted to J in the Defendant’s residence on the same day during the custody for the Victim J.

2. On June 2013, when the Defendant was unable to commence an appraisal and assessment as of June 2013, and was demanded by the J to return the retainer amount of KRW 1.5 million from the Victim K to the J around June 2013, even if the Defendant was aware of the fact that the Victim K returned KRW 1.5 million to the J, he did not have any idea to deliver the retainer amount to the J. Rather, the Defendant would be 5 million to be appropriated for the repayment of the borrowed amount of KRW 5.5 million that the Defendant lent to J.

Nevertheless, on July 1, 2013, the Defendant made a false statement to the victim K to return KRW 5,500,000 to J through telephone to the effect that “The retainer was remitted through the head of the Tong in the country, so the Defendant again sent KRW 5,500,000 to the head of the passbook in the country, and then, he/she would transfer KRW 5,50,000 to J by ascertaining the internal address.”

As such, the Defendant, by deceiving the Victim K, received 5,500,000 won from the Victim K to transfer the same day under the same name as the refund.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness J;

1. Application of the Act and subordinate statutes governing the entry of the defendant in K in the prosecution examination protocol;

1. Article applicable to criminal facts;

(a) Embezzlement: Article 355(1) of the Criminal Act; Selection of a fine;

B. Fraud: Article 347(1) of the Criminal Act; Selection of fines

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;