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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around July 2011, the Defendant, along with the victim B, was given KRW 88,50,000,000,000 from the victim, to operate the Gyeongcheon-do as a club business.
Then, the Defendant, in the middle of August 201, 201, closed down the above refining point, and was in custody of the victim from the lessor, etc. of the above landing point on August 25, 201, with the following: “The Defendant, in the above landing point, was to receive the rental deposit, studio deposit, high-price settlement amount, and the personal taxi owned by the father in the inside together with the total sum of the amounts of the sales of the private taxi owned by the father in the inside, and again, to the name of the building in the name of the father; “The father who should be assigned to the father and the cab believed to be the father who will be assigned to the father, and borrowed the si in the name of selling the si.” The Defendant was in custody of the deposit deposit amount of KRW 50 million and the high-price settlement amount of KRW 3 million after the above landing point was closed.
The Defendant, as above, embezzled KRW 53 million from the time he kept the money owned by the victim who closed and settled the above static point for the sake of the victim, by using the Defendant’s gambling fund, etc. from October 201 to October 201.
2. On October 201, 201, the Defendant: (a) received from the victim a remittance of KRW 2 million on October 201, 201, to the victim, of KRW 1510,000,000,000 from the victim under the name of the high value of the above refined land and the studio deposit to be residing by the Defendant; (b) KRW 15,000,000 on November 16, 201; and (c) KRW 151,00,000 on December 21, 201; and (d) KRW 11,00 on February 111, 2012.
However, as at the time of the above 1.1, the Defendant kept money of KRW 53 million owned by the victim for the opening of a new static point business, and did not remain money by using it as gambling funds, etc. As such, the Defendant was willing or ability to take up a deposit of KRW 50 million and open a static point in the name of the victim in common with the victim.