Defendant shall be punished by a fine of KRW 1,200,00.

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

Punishment of the crime

On January 22, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Suwon District Court, and the judgment became final and conclusive on March 26, 2015.

From October 2013, the Defendant has been working in the state auction company (State) in Geumcheon-gu Seoul Metropolitan Government, and has been engaged in auction consulting and auction successful bidding agency.

On February 4, 2014, the Defendant received a request from the victim D to “the former owner’s director’s expenses and delinquent management expenses for E apartment 422 dong 1905, Incheon Gyeyang-gu Incheon Metropolitan City District Court auction (hereinafter “Seoul City District Court auction”) from the victim D, and received a transfer of KRW 5,600,000 to the post office account under the name of the Defendant, and had the victim keep it on his business for the victim.”

However, around that time, the Defendant embezzled KRW 2,825,810, which should be paid as apartment management expenses in arrears among KRW 5,600,000 as above, by arbitrarily consuming it as personal living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Investigation report (victim D telephone communications);

1. Copies of the details of payment of management expenses and remittance receipts;

1. Previous records: Criminal records and other inquiries, each copy of the judgment, a copy of the decision of the Supreme Court, and application of the Acts and subordinate statutes of case search;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;