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

The Defendant was an employee of Cjust Office operated by the Victim B.

1. Around October 11, 2013, the defrauded concluded that, at the coffee shop located in Gangdong-gu Seoul Metropolitan Government, the Defendant provided the victim with the following false statement: “Around October 11, 2013, there was a dispute over KRW 15 million at the stores that had worked before, and the expenses for the hospital are needed.” If the Defendant borrowed money, he/she would return money after three months thereafter.

However, at the time of borrowing money from the victim, the Defendant was unable to repay the amount equivalent to approximately KRW 20 million of loans to financial institutions such as the D Bank, and about KRW 40 million of loans to the bond company, and was in a financial state with insufficient living expenses. Therefore, even if borrowing money from the victim, the Defendant did not have any intent or ability to pay the money properly.

The Defendant, by deceiving the victim as such, received from the victim a transfer of KRW 15 million to the F account (G) in the name of East E on the same day under the pretext of borrowing money from the victim, and, from that time to March 23, 2015, by deceiving the victim on a total of three occasions as shown in the annexed crime list, and received a total of KRW 40 million from the victim, respectively.

2. Around July 15, 2017, the Defendant, at the Cju shop operated by the said victim in Gangdong-gu Seoul Metropolitan Government H, voluntarily consumed the amount of KRW 1.2 million for the victim’s livelihood, etc. while receiving 1.2 million alcoholic beverages from customers and keeping the same for the victim.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of investigation reports (Submission of a detailed statement of bank transactions), investigation reports (Attachment of I replys to data), details of account transactions, receipts, books, business registration certificates, and statutes;

1. Article 347 (1) and Article 355 (1) of the Criminal Act, Articles 347 (1) and 355 (1) of the Criminal Act, the choice of imprisonment for a crime

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed.