A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On July 11, 2013, the Defendant was sentenced to a suspended sentence of four months of imprisonment for embezzlement at the Busan District Court, and the judgment became final and conclusive on July 19, 2013.

On October 5, 2010, the Defendant was transferred KRW 18 million from the victim D to the New Zealand University Admission Registration Fees in 2010 on October 5, 2010, when the Defendant introduced domestic students to New Zealand while operating the study personnel in New Zealand, and introduced domestic students to study in New Zealand and vicariously performing duties such as college admission registration and the issuance of school expenses.

While the Defendant kept the said money, he arbitrarily consumed the said money for personal purposes at around that time and embezzled it.

Around October 2006, the Defendant made a false statement to the effect that “Around October 2006, the Defendant would make an investment in real estate by gathering money from the victim H in the “G” restaurant located in the F of the Geum-gu Busan Metropolitan Government. When investing only the amount of KRW 50,000,000,000 in a building, the Defendant would give a profit of KRW 10,000,000 in one month.”

However, the Defendant, as a person of New Zealand’s nationality, did not have any particular income after entering Korea, and was unable to confiscate down the down payment or incur losses because of the lack of economic capability to purchase real estate, and thus, the Defendant did not incur profits by making up for the loan interest. In the case of a building purchased together with a punishment system by investing an amount equivalent to KRW 80,000,000, the Defendant did not have any intention or ability to recover the investment share from the punishment system. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay

On December 13, 2006, the Defendant received 40,000,000 won from the victim to the account under the name of the Defendant as the borrowed money, as well as from around that time to May 2, 2008, totaling KRW 265,146,00 from around 18 times as stated in the annexed crime list.

Accordingly, the defendant is the victim.