A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On August 27, 2013, the Defendant was delegated by the Victim C with the authority to recover the claim amounting to KRW 500 million against D.

On November 29, 2013, the Defendant received KRW 100,000 from D to pay to the victim at the F Real Estate Office operated by D in the E 1st, Chuncheon-si around November 29, 2013, and received KRW 100,000 from D to receive KRW 100,000,000 from the same place on December 12, 201, and used the total amount of KRW 200,000 for the victim at will

As a result, the prosecutor embezzled the victim's property, and the prosecutor indicted the defendant as the conjunctive charge of fraud. However, as long as the defendant is found guilty of embezzlement as the primary charge of fraud, the primary charge of embezzlement is not judged separately.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, D, and G;

1. A written protocol concerning the examination of suspect against each part of the defendant;

1. Statement made by the public prosecutor with regard to D;

1. Application of Acts and subordinate statutes to the application for an order for payment, two copies of a borrowing certificate, a certificate of certification (15 pages for investigation records), a confirmation letter (20 pages for investigation records), a power of attorney four copies (171 pages for investigation records), and a statement of transaction statement;

1. Determination as to the pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, the choice of imprisonment, defense counsel and the defendant's assertion

1. The gist of the assertion is as follows: (a) the Defendant transferred the victim’s claim KRW 500 million against D from the injured party in accordance with the delegation of the instant case Nos. 1 and 2 and the instant agreement; and (b) recovered KRW 200 million from D and used the money; and (c) the Defendant does not embezzled the said money.

2. According to each of the evidence and investigation records 28 pages, 29 pages, and 29 pages, with respect to delegation of the victim’s claim KRW 500 million (hereinafter “the instant claim”) to collect the victim’s claim D, the power of delegation that “the injured person shall delegate the collection of the instant claim to the Defendant by the victim and the Defendant on August 27, 2013 in the name of the victim (hereinafter “the investigative record 16 pages,”).