A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On January 5, 2012, the Defendant was sentenced to two years of suspension of execution for embezzlement, etc. at the Suwon District Court on August 13, 2012, and the judgment became final and conclusive on January 13, 2012.

【Criminal Facts】

On June 201, 201, the Defendant borrowed money from the victim E in which the Defendant was aware of that the Defendant was a representative director, and the Defendant conspired to use money in installments under the pretext of establishing a corporation by making D as a representative director at a coffee shop where the trade name in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, was unknown.

Accordingly, around June 12, 201, the Defendant concluded that “If the Defendant either borrowed KRW 100 million from the capital to the establishment of H by telephone from the “G Certified Judicial Scriveners Office” office in Yeongdeungpo-gu, Young-gu, Seoul, the Defendant would pay the principal and interest KRW 1 million after the registration of the establishment of the corporation,” the Defendant would pay the principal and interest KRW 1 million after the completion of the establishment.

However, the defendant did not have any idea to establish a legal entity with C and D, and it was thought that he received money from the victim to be used individually by dividing it into C and D, so even if he received KRW 100 million from the victim, he did not have any intention or ability to use it as the fund for establishment or to repay it to the victim.

Nevertheless, the Defendant, in collusion with C and D, by deceiving the victim as above, and acquired KRW 10 million in total from the victim to the Agricultural Cooperative Account (I) in the name of D on June 13, 201, and acquired KRW 90 million in the name of C through the Agricultural Cooperative Account (J) in the name of C, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police against C;

1. Copy of the police statement of E;

1. A detailed statement of the progress of each case and two copies of the judgment;

1. A detailed statement of transactions, four deposited certificates, and a detailed statement of transactions;

1. Criminal records as stated in the judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history record, etc.;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;