A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 22, 2018, the injured party B tried to transfer KRW 31 million from the account (Account Number: D) in the name of the injured party to the E account (Account Number) in the name of the injured party, and due to mistake, the injured party B erroneously transferred KRW 31 million to the C account (Account Number:H) in the name of the mother G used by the accused, and filed a lawsuit for claiming the return of unjust profit in the name of the injured party at the Jung-gu District Court High Court on February 1, 2018.

On March 14, 2018, the Defendant was well aware that the Defendant received a duplicate of the above complaint from the Defendant’s house located in Kimhae-si I and wrongfully remitted the victim’s money of KRW 31 million to the account of the said G.

Nevertheless, while the Defendant kept money of KRW 31 million in the said G account, he embezzled KRW 22,31,950 out of KRW 31 million from March 14, 2018 to March 23, 2018, using his mind for personal purposes, such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (the result of execution of a warrant of search and seizure for tracking financial accounts);

1. A complaint and a detailed statement of the progress of the case;

1. A certified copy of the resident registration card;

1. Certificates of transfer results;

1. Each letter;

1. Application of statutes to a written statement of text messages;

1. The relevant Article of the Criminal Act and Article 355(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. The basic area (from April to one year and four months) of the sentencing criteria [the scope of the recommended punishment] Category 1 (the period of less than 100 million won) (the period of imprisonment is less than 4 months)

2. The defendant who made a decision of sentencing reflects wrongness.

approximately KRW 8,700,000,000, which was remitted from the injured party, was returned.

The criminal records of the same kind have been one case, and there have been no criminal records of probation or more.

A family with a family member to be supported can also be considered as a favorable situation.

However, the defendant, however, has filed a lawsuit claiming the return of unjust profits by the victim who caused the misunderstanding of the defendant's parent account used by the defendant.