A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. The Defendant is a person engaged in a business-based consulting service that harms sales brokerage and general sales management for those who intend to engage in a restaurant business.

On August 22, 2012, the Defendant, at the coffee shop near the Gangnam-gu Seoul Southerndong, made it possible to start a “C” business at the coffee shop near the Gangnam-gu, Seoul, and embezzled KRW 13 million for personal purposes by transferring KRW 11,00,00 to the Defendant’s leakage or E as of the same day while receiving KRW 13 million as a transfer contract deposit for the said restaurant store from the victim and keeping the victim in business on behalf of the victim, and by remitting KRW 2,00,000 to the Defendant’s buyer or E as of the same day.

2. On November 15, 2012, the fraud Defendant arranged the said victim’s “H”, a restaurant located in Seocho-gu Seoul, Seocho-gu, Seoul, within the Defendant’s vehicle parked in active duty service near the Gangnam-gu, Gangnam-gu, Seoul. The fact that the Defendant agreed to pay the said restaurant transferor KRW 20 million premium to the said restaurant transferor, but the victim agreed to pay the said restaurant transferor KRW 20 million, “The actual transferor, who has any more shares in joint investment with the transferor under the contract, has to supply the premium to the said person more than KRW 30 million.”

As above, the Defendant deceivings the victim and was transferred KRW 30 million from the victim to the Agricultural Cooperative Account under the name of the Defendant designated by the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Complaint;

1. Application of Acts and subordinate statutes on transfer and takeover contracts for business entities, details of transactions by complainants, and details of passbook transactions;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crime and Article 347 (1) of the Criminal Act;

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

1. Article 62(1) of the Criminal Act regarding the suspension of execution covers the defendant's mistake.