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

[Criminal Power] On December 23, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Cheongju District Court, and the said judgment became final and conclusive on July 2, 2012.

【Criminal Facts】

1. On March 2, 2012, the Defendant entered into a sales contract with the victim D by physical coloring the person to purchase the business rights of the medical care hospital of the E Co., Ltd. in which the victim had been actually in operation between the victim D at the office of the Defendant in a considerable amount of Cheongju-si, Cheongju-si, and agreed to receive KRW 150 million from the purchaser as the contract deposit instead of the purchaser and deliver it to the victim.

2. Criminal facts;

A. On March 2, 2012, around 13:00, the Defendant entered into a contract with the victim F to transfer the stocks and management rights of the said corporation pursuant to the delegation agreement with the victim at the above office of the Defendant, and set the down payment as KRW 130 million from F to the Defendant’s deposit account of the Defendant’s community credit cooperative (G) and embezzled KRW 50 million among them for the purpose of using the Defendant’s living expenses or repayment of his/her debt.

B. On March 12, 2012, the Defendant voluntarily consumed and embezzled the Defendant’s living expenses, etc., while receiving KRW 20 million from the said F to the said account as part of the down payment, and being kept for the victim.

C. On March 2012, the Defendant, at the office of the Defendant located in Cheongju-si, a considerable area of Cheongju-si, embezzled by voluntarily consuming for the purpose of the Defendant’s living expenses, etc. while receiving KRW 10 million in cash from the above F in the name of the balance of the down payment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D and each legal statement of the witness I and J;

1. Determination as to the defendant and his defense counsel's assertion of inquiry report, investigation report, investigation report prior to disposition and confirmation report

1. The defendant's defense counsel's assertion is between the victim and the victim.