Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

, however, for two years from the date this judgment has become final.

Punishment of the crime

Defendant

B around 20:00 on September 4, 2010, by calls from the victim D and calls from the French area to the victim D, and around 23:00 on the same day, the victim met with the Defendant A at the main station located in the Seocho-dong, Busan, the husband, at around 200 on September 4, 201, and the Defendant A met the victim with the victim at the main station located in the Seocho-dong, Busan, the husband.

He requests to verify the authenticity of the article.

If there is a material, the material will be sold in KRW 70 million and 200 million among the material, and 500 million won will be borne by it.

However, 100 million won shall be entrusted to ensure that the above goods are returned after being taken and confirmed.

‘The above amount was arbitrarily consumed on the part of the Defendants in the payment of their personal debt, etc. at Busan Won around that time while receiving KRW 50 million from the victims as above as security money for the victim.

Accordingly, the Defendants conspired and embezzled the above KRW 50 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. Some prosecutor's protocol of interrogation of the Defendants (including D's statement)

1. Application of Acts and subordinate statutes, such as a cash storage certificate, a written confirmation of storage in kind, a written confirmation, a letter of undertaking, and a written recommendation for compromise;

1. Article 355 (1) of the Criminal Act, the choice of applicable laws and punishments concerning the facts of crime, and the choice of imprisonment;

1. Judgment on the assertion of defense counsel under Article 62(1) of the Criminal Act

1. The defense counsel of the Defendants in the summary of the argument that Defendant A received KRW 50 million from the victim. However, since the contract deposit is the down payment delivered by the victim to the victim for purchasing KRW 1 billion, the amount of KRW 50 million, owned by Defendant A, even though the contract relationship has been terminated, the above 50 million return problem is merely a civil issue, and cannot be a criminal liability for embezzlement. Furthermore, Defendant B is not a criminal liability.