Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant was a person who served as C business sponsor.

1. Around June 2013, the Defendant: (a) joined “E” in the vicinity of the Gangnam-gu SeoulD Station; (b) joined the Victim F to C; and (c) received KRW 1750,00 from the victim as the purchase price for membership; and (d) embezzled the victim by arbitrarily consuming it around that time.

2. Around August 2013, the Defendant received KRW 1750,00 from the victim as a member of the subscription account at the above place, and kept the same for the victim, and embezzled it at his/her own discretion.

3. Around September 2013, the Defendant received 1750,000 won from the victim’s account for membership account at the above place, and embezzled it by arbitrarily consuming it at that time while keeping it for the victim.

Summary of Evidence

1. Statement of witness F in the second protocol of the trial;

1. Each legal statement of witness F and G;

1. The statement of each part of the police interrogation protocol against the accused (including the G and F large portion);

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant served as a business sponsor in C (hereinafter “instant company”) and received a total of KRW 5,250,000 from the victim. However, the Defendant joined as a member upon receiving KRW 17,50,000 from the victim on June 2013, and thereafter used a total of KRW 3,50,000 in the manner of increasing the number of members under the victim’s request. Thus, the Defendant asserts that there was no embezzlement of the said money.

2. Determination.