A defendant shall be punished by imprisonment for not more than ten 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

On November 9, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor at the Incheon District Court for embezzlement, and the judgment on November 29, 2012 became final and conclusive.

1. On October 2010, the Defendant made a false statement to the effect that “The Defendant would make a full payment after a week if he/she lent KRW 30 million to the victim D at the “C’s lending business office” located in Kim Jong-si, Kim Jong-si.

However, the defendant had already been liable to the financial institution, etc. for a debt amounting to 2 billion won, and even if he borrowed money from the victim, he did not have the intent or ability to repay it.

On October 20, 2010, the Defendant received KRW 15 million from the victim to the Agricultural Cooperative Account under the name of the Defendant as the borrowed money, and received KRW 15 million in total from the said account on October 22, 2010 and received KRW 30 million from the said account on October 22, 2010.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 10, 2010, the Defendant made a false statement to the effect that “When the right to collateral security is established on a real estate of a person who borrowed the expenses for the creation of the right to collateral security, the Defendant would have borrowed the expenses for the right to collateral security with the amount of KRW 30 million borrowed before receiving the fees.”

However, since the Defendant was in excess of the obligation as above, even if the victim borrowed additional KRW 4 million from the victim, there was no intention or ability to repay the above KRW 4 million together with the above KRW 30 million already borrowed.

The Defendant received 4 million won from the victim to the above account in the name of the Defendant under the name of the victim as the borrowed money on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same criminal records);

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

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