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

Criminal facts

1. On November 1, 2016, the Defendant: (a) at the Seo-gu Incheon Seo-gu Incheon apartment model office, the Defendant: (b) requested the victim C to transfer the subscription amount to KRW 10 million per head room “B apartment to the Plaintiff; (c) may receive the subscription amount if he/she resells the right to sell after remitting the subscription amount to the D Co., Ltd.; (d) however, if he/she intends to make an offer to several units of units of units in the relationship where only one unit of units of units per head can be offered, he/she shall receive the refund if he/she transfers the subscription amount to D Co., Ltd. under the name of another person, and then return it later to the Party.” (e.g., around December 1, 2016), he/she made the victim transfer the subscription amount to KRW 30 million in the name of D Co., Ltd. to three units of units of units of account; and (e) took custody of the victim’s personal consumption of the shares.

2. On December 22, 2016, the Defendant: (a) received a transfer of KRW 30 million from the victim C to the account in the name of the Defendant’s wife on December 22, 2016 to transfer KRW 30 million from the Defendant’s G bank account (Account Number H) to the Defendant’s account; and (b) embezzled it for personal use while receiving a refund of KRW 21 million from the said F bank account in the name of the Defendant’s wife on February 2, 2017, while keeping the victim in custody for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. The principal's financial transactions;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of criminal facts;

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