A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a person who operates an administrative private office in Ansan-si B building 306 226 dong-gu.

On December 14, 2015, the Defendant was transferred KRW 10 million to the corporate bank account (F) account of the Defendant on December 14, 2015, under the pretext of agreement from the victims C and D, who were found to be the above administrative private office of the Defendant, for the following reasons: “A change in the agreement with E would have been subject to criminal punishment by us,” upon request of the victims C and D, “A change in the agreement with E,” and “A change in the agreement with E,” and upon receipt of the request of the victims, the Defendant paid the amount of KRW 10 million to E as agreed money.

On March 17, 2016, as the defendant did not deliver the above agreement amount to E, the victims made a written agreement to pay 12 million won per 2 million won per month as of the end of each month for six months from April 2016 to September 2016 through the criminal conciliation procedure of the branch office in the Suwon District Public Prosecutor's Office, the Suwon District Public Prosecutor's Office established the agreement to pay 12 million won per month to E, and the defendant received additional remittance from the victims to the above corporate bank account on June 2, 2016.

While the Defendant received a total of KRW 12 million as above and kept for the victims under the pretext of agreement, he sent 4 million won around June 3, 2016 to E, and the remaining eight million won was not used for the agreed amount, but used for the personal purpose of the Defendant, such as the payment of public charges and card values.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning written agreements and account transactions;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are consistent and consistent in the defense at the investigation stage, even though the defendant did not pay or embezzled the money received from the victims as a criminal agreement, thereby causing irrecoverable damage to the victims.