Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On October 16, 2017, the Defendant entered into a contract with the victim F to transfer “D” the clothes store and its interior facilities located in Geumcheon-gu, Busan and the Defendant’s operation to the company bank account (G) in the name of the Defendant for the first million won premium. On the same day, the Defendant received 1 million won as the down payment from the victim to the company bank account (G) in the name of the Defendant. On the 19th of the same month, the Defendant received 4 million won as the intermediate payment and received 4 million won as the intermediate payment to the same account. However, on October 23, 2017, the victimized person received 9 million won, which was remitted to the Defendant’s above account by mistake, and then embezzled it by refusing to return it without justifiable grounds.

Summary of Evidence

1. Each legal statement of witness F and H;

1. Application of the Acts and subordinate statutes on separate accounts, separate accounts list, and quantitative transfer contracts;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;