Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On January 4, 2012, the Defendant, at the house of the victim C 1 and 801, sold 30,000 won to the victim from the victim, and sold around January 5, 2012, the following day, to E, etc., and then embezzled 4,950,000 won for the victim by arbitrarily consuming BankF account at around that time.

A prosecutor was indicted as “Embezzlements for KRW 32,250,000,” but he was later convicted only for the portion “4,950,000,000,” and it is difficult to readily conclude that the Defendant embezzled the remainder only with the evidence submitted. Thus, the criminal facts are modified as above.

Summary of Evidence

1. Defendant's legal statement;

1. Partial testimony of witness D;

1. Application of statutes on contracts;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Around January 4, 2012, the Defendant, at the home of the victim C 1 and 801, sold 30,000 won to E, etc. on January 5, 2012, the following day, after receiving deposit of KRW 32,250,00 from the BankF account in the Republic of Korea, and then embezzled KRW 27,30,000 among them for the victim.

2. Determination

A. The Defendant and his defense counsel’s assertion that the Defendant sold the de facto burner on January 5, 2012 upon delegation by the victim of the sale, and invested 27,30,000 won out of the sales proceeds in shares with the consent of the victim, thereby not embezzlement.

B. The crime of embezzlement is established when a person who keeps another’s property embezzled or refuses to return the property. It is an offense against others.