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

Punishment of the crime

1. On January 28, 2016, Defendant 2017, Defendant 3815, drafted a lease agreement to pay approximately KRW 38.6 million for a period of four-year deposit, monthly rent, and KRW 2 million for a period of four-year deposit, and Defendant 35,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00

Accordingly, the Defendant embezzled the above vehicle that is equivalent to KRW 96.5 million at the market price owned by the victim.

2. On May 21, 2017, Defendant 5306, at H offices located in Daegu-gu, Daegu-gu, Seoul-gu, the Internet portal site, access to the Chinese territory of the Internet portal site, and sell for KRW 6.50,000,00.

A notice to the effect that “the transfer of KRW 650,00 to the victim I who reported and contacted this, will deliver to the victim I 10,000,000,000.

“A false representation was made.”

However, in fact, the defendant thought that he will receive money from the injured party to use it as living expenses, etc., and there was no certain income or property at the time and there was no intention or ability to send ten stuffs to the injured party.

Accordingly, the Defendant, by deceiving the victim, was transferred 650,000 won to the Daegu Bank Account (J) in the name of H(A) on June 13, 2017 from the victim who was under his control.

Summary of Evidence

[2017 Highest 3815]

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to K in the police statement;

1. Complaint;

1. Investigation report (Recording phone recording) (2017 order 5,306);

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of I;

1. Application of Acts and subordinate statutes to report on investigation (former I telephone statement);

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.