A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is a person who has been engaged in the storage and execution of the litigation cost (the sum of 300,000 won and 2% of the amount of damage) paid by 231 investors, including victims D, E, F, etc. in relation to the embezzlement of investment funds by the director of the BB representative director C, and who has been engaged in the affairs of keeping and executing the respective litigation cost (the sum of 300,000 won and 2% of the amount of damage).

From April 25, 2018 to May 4, 2018, the Defendant received a total of KRW 202,162,860 from the said investors as the litigation fees, etc. from the G Bank account under the name of the Defendant, and used them for the business of protecting the victims and other investors, and embezzled a considerable amount of the same amount by arbitrarily using them to the bitco-investment.

In February 7, 2018, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act from an Ansan Branch of the Suwon District Court on February 7, 2018.

【Criminal Facts】

1. Around 00:34 on April 17, 2020, the Defendant was under the influence of alcohol concentration of 0.113% by blood alcohol level, and the Defendant driven the K K Extraordinary XF20d car at the section of approximately 31 km up to and up to the 31km away from the common road in Ansan-si, Yongsan-gu, Seoul Metropolitan Government, and the front road of the building.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act shall be a holder of the said K Extraordinary XF20d Automobile, and no automobile which is not covered by mandatory insurance shall be operated on the road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the above time and place.

Summary of Evidence

"2019 Highest 3820"

1. Statement of the police concerning D's legal statement of the defendant;

1. Court rulings, calculation of the costs of each victim’s lawsuit, details of deposits, payment certificates, Kakao Stockholm messages, deposit details of D litigation fees, F litigation fees, Kakao Stockholm messages, and litigation fees.