A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Around January 2012, the Defendant: (a) stated that “The Defendant would complete payment by May 2012, 2012 if he/she borrowed money to the victim B, who is in preparation for his/her Internet business.”

However, even if the Defendant borrowed money from the victim, it was thought that it was used as personal debt repayment or used as operating funds of the illegal hosting site, and there was no intent or ability to generate profits by running a normal business. At that time, there was no intention or ability to repay the borrowed money to the victim because it was registered as a person with bad credit standing, since it was registered as a person with bad credit standing.

Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 200,000 from the victim in cash on the same day, and acquired KRW 100,000,000 from the D bank account in the name of C used by the Defendant, around January 15, 2012, KRW 200,000 around January 19, 2012, KRW 10,500,000 around February 10, 2012, KRW 4 million around March 1, 2012, and KRW 9 million around April 16, 2012, respectively.

2. On February 13, 2014, the Defendant: (a) lent a car to B at a Buddhist place; (b) “A car is unable to have any occupation in order to rent the car; and (c) paid a rent to B a car.” (d) After her friencing her friencing, the victim E Co., Ltd. owned by the Victim E Co., Ltd., and kept for the victim. (c) On June 27, 2014, the Defendant provided the said car to H as a fricenced transfer security by borrowing KRW 10 million from H on the front side of the G apartment in Gwangju Northern-gu, Seoul Special Metropolitan City, while borrowing KRW 10 million from H on his own.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. B.