A defendant shall be punished by imprisonment for three years.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to two years of imprisonment at Seoul High Court for the acquisition of stolen goods, and the said judgment became final and conclusive on December 12, 2013.

The defendant deposited money in the account of the people in need of the certificate of balance along with the victim C, and again withdrawn the money, and then received the fee.

On September 6, 2012, the Defendant: (a) transferred KRW 200 million to a new bank account (E) in the name of the Defendant in the name of the Defendant to temporarily transfer KRW 800,000,000 from the victim’s name in order to certify balance in the non-commercial area; (b) subsequently, on the same day, deposited KRW 200,000 from the victim to a new bank account in the name of the Defendant; (c) on September 7, 2012, withdrawn KRW 60,000 and KRW 80,000,000,000 from the said bank account and embezzled arbitrarily for personal use.

Summary of Evidence

1. Defendant's legal statement (six times);

1. Statement by the prosecution against C;

1. Details of the account of the new bank, SC bank account details, loan certificates, investigation reports (in the name of the new bank bank account No. 500 million won on August 22, 2012), check details, statement of check details, statement of transactions, cashier's checks, certificates of cashier's checks, certificates of deposit transaction, investigation report (Presentation of KRW 500 million on the complainant), liquidity trading statement, check copies, application for deposit transaction, etc., and investigation report (verification of the amount of damage);

1. Previous convictions indicated in judgment: Impositions of dispositions, confirmations and reports on results, and application of Acts and subordinate statutes of investigation reports (reports on confirmation of facts pending in judgment);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act for the relevant crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The damage recovery is entirely performed on the grounds of sentencing on Article 32(1)3 and Article 25(3)4 of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Orders (which is recognized as inappropriate to issue a compensation order in criminal proceedings).