A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant was the representative of the building E and G with F, and the victim H was the representative of theJ located in Gangnam-si I, and the Defendant and the victim invested KRW 500,000,000,000, respectively, around October 12, 2016, and the Defendant income from Russia, and when the victim sells it and transfers the proceeds from sale to the Defendant, the Defendant entered into a partnership agreement with the Defendant to settle it and divide the profits by half, and the Defendant received all investment money and the proceeds from sale of the victim sold from the victim into the company bank account (K) in the name of G operated by the Defendant.

From November 2017 to November 2017, the Defendant, who carried on a business with the victim and kept the total of KRW 703,724,737 in the company bank account in the name of the said company G for the victim. From November 8, 2017 to December 21, 2017, the Defendant voluntarily withdrawn the above business funds of KRW 703,724,737 from the non-place to December 21, 2017, and embezzled them as the Defendant’s household expense revenue, which is irrelevant to the business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A H statement;

1. A business partnership agreement, a settlement statement, a letter of demand for business investment and return of profits;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act for the crime;

1. Reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits (in cases where the scope of liability for compensation is unclear, and it is deemed unreasonable to issue a compensation order in the criminal proceedings);

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The application of the sentencing guidelines [the determination of type] for embezzlement and breach of trust [the type 3] for embezzlement and breach of trust [the category 50 million won or more, and the amount of less than five billion won [the special person]] is the recommended field and the recommended field.