A defendant shall be punished by imprisonment for six 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

1. On January 5, 2016, the Defendant was transferred KRW 8 million via the Defendant’s wife E FF Association account (Account Number: G) in the Defendant’s wife’s name on January 5, 2016, stating that “D” point of the Victim C’s Operation, “The Defendant borrowed money due to a shortage of money.” On the other hand, the Defendant was transferred KRW 8 million to the Defendant’s wife E account (Account Number: G).

On February 29, 2016, the Defendant again received KRW 8,80,000 from the above F Association account on February 29, 2016, “The Defendant shall repay to the victim the money that he borrowed at a time after the maturity of the company.” After 2 days, the Defendant borrowed KRW 8,800,000,000,000,000 to the above F Association account, except for the interest paid in advance.”

However, the Defendant did not have any money at all, and the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim because the Defendant’s company was liable for the debt.

Accordingly, the defendant deceivings the victim, and received a total of 16.8 million won from the victim twice.

2. On February 2, 2016, the Defendant embezzled the victim’s phrase “I send three million won to the four accounts” through the SNS “SNS,” and embezzled by using the Defendant’s living cost, etc. around that day while receiving three million won from I to the account under paragraph (1) and being kept for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The investigation report (the telephone with the complainant);

1. Written judgment of the district court and a certificate of borrowing;

1. Application of Acts and subordinate statutes to details of transactions by account and certificates of deposit transaction records;

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The total amount of damage caused by the sentencing of Article 62(1) of the Criminal Act.