A defendant shall be punished by imprisonment for six 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

The defendant is the victim C and the defendant living together for about three months in Songpa-gu Seoul Metropolitan Government D 401.

1. On February 1, 2011, the Defendant embezzled the amount of KRW 17 million by arbitrarily using KRW 5 million from the E’s daily living expenses, etc. in his/her custody on behalf of the victim, after receiving KRW 17 million from the victim as a deposit for the full-time deposit from the real estate intermediary office located in Songpa-gu Seoul Metropolitan Government, Songpa-gu.

2. Around March 31, 2011, the Defendant made a false statement to the effect that “The Defendant would receive funds from the victim’s house in Songpa-gu Seoul Metropolitan Government D 401 to take over the F speech in E” with the victim’s house. The Defendant would pay back with the proceeds from the operation of a singing room.”

However, in fact, the defendant did not have a plan to take over Fing, so even if he received the money from the victim, he did not have any intention or ability to take over singing or to pay the proceeds by operating it.

Nevertheless, the Defendant, by deceiving the victim as such, received the passbook and seal in the name of the victim immediately from the victim, and then withdrawn KRW 30 million from the NongHydong branch in the city of the city and acquired it by deception.

Summary of Evidence

1. Statement of witness C in the protocol of examination of witness;

1. Each part of the prosecution and the protocol of suspect examination of the accused;

1. Entry of the defendant in C in the prosecution and the first police interrogation protocol against the defendant;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to written complaint and written confirmation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of embezzlement: Article 355 (1) of the Criminal Act;

(b) The point of defraudation: Article 347 (1) of the Criminal Act;

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

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The defendant's assertion, ① the victim's living expenses necessary for living together, etc. shall be voluntary.