A defendant shall be punished by imprisonment for not less than one year and six 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

The defendant is a person who married in around 2016 and divorced in around 2016, and the defendant and the victim were in a relationship between the defendant and the mother.

The Defendant, upon the death of D, became aware that the victim was in mind about the disposal of a check equivalent to KRW 4.1 billion, which is inherited property, and provided that “if a check is exchanged in cash, inheritance tax may be avoided if it is exchanged in cash” to the victim. On September 3, 2018, the Defendant obtained trust of the victim by having the victim receive twice a check of KRW 80 million through cash exchange from the victim, and then return cash of KRW 7.7 billion after deducting fees to the victim.

On October 22, 2018, the Defendant received KRW 170 million from the victim’s house in Busan Dong-gu, Busan to exchange the check in cash from the victim’s house, and received a cashier’s check equivalent to KRW 2.75.3 billion at the face value at the request of the victim, and around November 19, 2018, the Defendant issued a discount benefit from the victim’s house, stating, “If the gift certificates are purchased in cash and pay inheritance tax by charging points, it may receive discount benefits.”

As above, while the Defendant kept KRW 2.875 billion for the victim, around November 28, 2018, he/she embezzled the above checks and cash by refusing to return them by cutting and diving contact with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against B (No. 10 No. 5)

1. A written complaint (No. 1) and a written statement (Evidence No. 11);

1. Investigation report (to be received from the Defendant’s phone), investigation report (to the Defendant’s mother and telephone), investigation report (to the Defendant’s mother and telephone call);

1. Application of the Acts and subordinate statutes governing a copy of a check, part of a check equivalent to 3.3 billion won, confirmation document, penbook, text message, and F;

1. Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the relevant crime