A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 18, 2013, the defendant was sentenced to three years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the judgment was finalized on June 10, 2013.

The defendant, as the C representative director in Gangnam-gu Seoul, has been engaged in the business of soliciting golf membership and new golf club membership.

On June 2009, the Defendant entered into a contract for membership recruitment of golf course with E Co., Ltd. (former change to F) which is a “D Golf course business operator,” which is located in Chuncheon-si.

The Defendant used KRW 280 million in total, including KRW 60 million on Jan. 8, 2010, and KRW 22200 million on Feb. 2, 2010, and KRW 160 million on Jan. 5, 2010, and KRW 100 million on Apr. 2, 2010, as the sale price for golf membership in the said company’s name, for the sake of the victims, the Defendant used KRW 160 million in total as the sale price for golf membership in the said company’s new bank account under the name of the said company and kept in custody for the victims around that time.

Accordingly, the Defendant embezzled the total amount of KRW 40 million owned by the victims during his/her business keeping.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A membership recruitment agency contract, a case of promotion of payment for sale price, deposit slip, deposit receipt, payment for sale price, and each request for payment for sale price;

1. Previous convictions in judgment: Application of investigation reports (Attachment of previous convictions and written judgments)-related Acts and subordinate statutes;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for a crime;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 2 (100 million won or more to less than 50 million won) are mitigated (6 months or more to 2 years) (special mitigation).