A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On August 25, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment for embezzlement at the Seoul Eastern District Court (Seoul Eastern District Court) and the said judgment became final and conclusive on September 2, 2016.

Criminal facts

On October 208, the Defendant borrowed KRW 20,000,000 from the office of the 15th (G) D representative of the Gangnam-gu Seoul Building 15th (ju) D representative of the 30,000,000,000 from the time when the deposit for the lease of F 301, which is a residence living in the country, was transferred to the victim E. In order to transfer the claim for the return of KRW 2,60,000,000,000,000,000,000,000,000,000 won was paid to the victim E. on October 27, 2008. The Defendant received KRW 1,770,000 from the person who believed and believed to pay the deposit in cash around 30,000,000 from the post office account in the name of the Defendant on the 30th of the same month.

However, in fact, the defendant did not have the right to return the lease deposit for the above real estate, and there was no intention or ability to return the principal after three months of the ability to pay interest on the third part of the month.

Accordingly, the defendant deceivings the victim and defrauds the above money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written statement of E;

1. A real estate lease contract, a money borrowing contract, or a certificate of transfer of deposit for lease;

1. A letter, written consent for payment;

1. A certificate of details and answers to verification of details;

1. Investigation reports ( telephone conversations between complainants) and investigation reports (Submission of data between complainants);

1. A copy of the details of passbook transactions, and receipts;

1. Previous records: A criminal report (Attachment of final and conclusive judgments), application of Acts and subordinate statutes governing criminal history;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is one of the concurrent crimes with the criminal records stated in the judgment that became final and conclusive, and thus, the sentencing guidelines do not apply.