A defendant shall be punished by imprisonment with prison labor for up to 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

On July 22, 2016, the Defendant written a notice stating that he/she would sell G30 Rabs on the Internet NAV Kab, and the victim B, who reported and contacted the above notice, sent money to the victim B by means of “the remaining Rabs, luds, and ethyl golf lux, sold money at the KNTG.”

However, the defendant did not have all the above golf loans at the time, and there was no intention or ability to send them.

Nevertheless, on August 16, 2016, the Defendant received KRW 500,00 from the injured party to the bank E account of the Defendant’s name.

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

"2017 Highest 952" Defendant was requested to sell a middle and high golf bond from the victim G who became aware of through the "F". On July 25, 2016, the Defendant received delivery of one of the above golf bond from the victim of the damage around July 25, 2016 to the Seongbuk-gu Seoul H, the Defendant’s dwelling place. On September 2016, the Defendant 100,000 won was given to the nameless winners before the middle school located in the Seongbuk-gu Seoul Metropolitan Government head-dong, Seongbuk-gu.

While the defendant kept the above golf loan sales proceeds of KRW 1 million for the victim, he consumed it with money for gambling at the Buddhist place around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in B and G;

1. A trading statement;

1. Application of Acts and subordinate statutes concerning the invoice details;

1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment with labor for each crime;

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

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

1. Article 25 (1) 1, Article 31 (1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Compensation Orders and Declaration of Provisional Execution (Applicant B);

1. Matters concerning the dismissal of an application for compensation (applicant C) and the promotion of a lawsuit, etc.;