A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On March 15, 2013, the Defendant was sentenced to imprisonment with prison labor and two months at the Incheon District Court for fraud, and the above judgment became final and conclusive on April 26, 2013.

[Criminal facts] The defendant introduced C as a construction business operator to the victim B who intends to build a new house and is in charge of managing the new house site.

On September 201, the Defendant received payment of KRW 13 million from the victim's house located in Chungcheongnam-Nam-nam around September 201 from the victim's house to the above C, and stored for the victim, he arbitrarily consumed the amount of living expenses, etc. at the expense of the victim's house.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (report on the statement by telephone of the complainants);

1. Previous convictions in judgment: Application of the results of inquiry, such as criminal history, and the Acts and subordinate statutes of a report on investigation (whether they constitute ex post facto concurrent crimes);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the suspended execution of the Criminal Act (Article 62(1) of the Criminal Act (Article 37 of the Criminal Act in the relationship between the previous offense and the concurrent offense in which the instant crime was committed, the principle of equity in the case where the judgment is to be rendered concurrently with the offense in which the previous offense was committed, the deposit of KRW 4 million for the recovery of damage, and the deposit of KRW 4 million for the recovery

Consideration, etc.)

1. Article 62-2 of the Criminal Act on the observation of protection;