A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On May 26, 2016, the Defendant was sentenced to imprisonment with prison labor for a period of three years and three months for embezzlement, etc. at the Gangnam Branch Branch of the Chuncheon District Court on the ground of occupational embezzlement, etc.

8.26. The above judgment became final and conclusive.

Criminal facts

The Defendant, from January 2, 2008, was a person working for the management department at the D Association located in Gangnam-si, and the said Association received KRW 2,00,000 per member E business operators from the E business operators who are members, and vicariously conducts various administrative affairs related to E business, such as transfer and renewal of the domicile of permission, transfer of the license, etc.

On April 21, 2015, the Defendant: (a) transferred documents related to the transfer of a business license in the name of H, a member of the said Association to G engaged in F in a coffee shop in which it is impossible to know the trade name located in Gangseo-do, Gangwon-do; (b) received transfer of KRW 27,00,000 from G as the purchase price for the license on the same day; and (c) received transfer of the said horses from G as the purchase price for the license; and (d) subsequently sold the said licenses to L at the K office located in the jurisdiction of the Gyeonggi-do, Gyeonggi-do, Seoul Special Metropolitan City Council around May 2015 through I working together with G believed the said horses.

The term "" refers to the following.

However, the Defendant merely transferred the E business license in the name of H from the above H to the name of H and did not have a legitimate authority to sell the documents related to the transfer of the license. At the time of this case, the Defendant: (a) arbitrarily sold the right to permit the transfer of the name from the members of the Association; and (b) purchased another right to permit the transfer of the name from the members and transferred the name of the member in the manner of transferring the right to permit the transfer of the name from the said members to the name of the said member.

Nevertheless, the Defendant, through G and I, speaks as if he would sell the above license normally to the victim through G and I without knowledge of the fact, and in this context, he would cause the victim to be the victim of May 11, 2015, in cash 4,50,000 won in terms of the purchase price of license.