A defendant shall be punished by imprisonment for six months.

However, 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

[Criminal Power] On May 20, 2016, the Defendant was sentenced to a suspended sentence of ten months for the crime of occupational embezzlement at the Seoul Eastern District Court, and the sentence became final and conclusive on May 28, 2016.

【Criminal Facts】

On January 18, 2016, in front of the Defendant’s house located in Songpa-gu Seoul Metropolitan Government, the Defendant called the victim C to undergo an investigation by the National Tax Service due to tax issues. In addition, there is a need to pay money to resolve the problem through the former head of the tax office. If the Defendant borrowed KRW 50 million, he/she will only use it, and he/she will repay it to him/her by the end of January 2016, the Defendant provided the victim with an attitude to resolve the tax problem by lending money from the victim and paying the money properly.

However, the Defendant did not use money from the victim to resolve the tax problem, and at the time, was under criminal trials due to embezzlement of KRW 116,422,058 membership fees of 26-year group of the D University Computer Information and Communications Graduate School at the time, and was thought to use money from the victim for the repayment of the damage, such as the repayment of the damage and the personal living expenses. On the other hand, there was no intention or ability to pay the money properly even if the Defendant borrowed money from the victim due to the lack of a certain amount of income, such as the establishment of the right to collateral security and the provisional seizure of the amount equivalent to KRW 1 billion for the apartment owned by the victim.

Around January 19, 2016, the Defendant received KRW 50 million from the victim to the national bank account in the name of E, the denial of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Investigation report (report on telephone conversations with F on the nominal account holder, telephone conversations with G on the nominal account holder immediately after the post, confirmation of the progress of trials related to the case, circumstances of damage and reimbursement, etc., and report attached to a certified copy of real estate register);

1. Certification of the closure of business, and admission and withdrawal;