Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On September 17, 2015, the Defendant was sentenced to a suspended sentence of two years for fraud, etc. in the Seosan Branch of the Daejeon District Court on August 17, 2015, and the said judgment became final and conclusive on March 29, 2016.

On November 10, 2014, the Defendant: (a) knew of the fact that the case was committed by the victim B and was pending in a criminal trial by assaulting the victim B and, (b) knew of the fact that the case was pending in the criminal trial, the Defendant received KRW 2,893,220 from the damaged person under the name of the Defendant’s bank in the name of the head of the Tong-gun.

While the Defendant received and kept the above money for the victim, he/she embezzled the property of the victim by consuming the money for personal use, such as entertainment expenses, at the Chungcheongnam-gun, Seosan-si from around that time to November 15, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Data on financial replies, such as receipts and details of deposit and withdrawal;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (attached to the indictment of the relevant case), application of Acts and subordinate statutes to investigation reports (attached to the judgment of the relevant case);

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;