The Supreme Court Decision 2017 Ma3474 Decided 2017 Mada3474, 2017 Mada 5113, 201 Mada 1 to 8, 2017 Mada 5976.

Punishment of the crime

【Criminal Records of Crimes】 On April 26, 2017, the Defendant was sentenced to a suspended sentence of one year in six months of imprisonment with prison labor due to the crime of destroying property at the Suwon Friwon, etc., and the judgment became final and conclusive on May 5, 2017.

【Criminal facts】 The Defendant is a person engaged in auction consulting business under the trade name of “F” corporation.

On July 22, 2016, the Defendant: (a) at the above consulting office located in Suwon-si G in Suwon-si, Suwon-si, the Defendant: (b) sent KRW 25 million from the victim’s bank account in the name of the Defendant to the bank account in the name of the Defendant to the effect that “the bid bond for the auction to reduce the bid to H apartment; and (c) received and kept the money as the bid bond for the auction from the victim; and (d) voluntarily consumed the money for gambling at will (the prosecutor added this part of the facts charged for embezzlement to the first time, and did not separately determine the facts charged for fraud as long as he/she found the Defendant guilty of all of the alternative facts charged as added, as such, to the extent that he/she did not separately determine the facts charged for the crime of fraud instituted in the first instance).

1. The Defendant is a person who has been engaged in the business of providing real estate consulting and auction services to the representative director of the FF corporation located in Young-gu G in Suwon-gu, Suwon-gu.

On March 2, 2017, the Defendant entered into a contract with the victim I to provide real estate auction consulting services for the above apartment (K Voluntary Auction in Suwon District Court) at the above company office, and on March 6, 2017, received KRW 30 million from the damaged party to the account in the name of the Defendant to the account in the name of the Defendant, and used it as gambling funds around that time while keeping it for business purposes.

In addition, from August 28, 2015 to May 11, 2017, the Defendant embezzled the amount of KRW 430,965,00, which was remitted as a bid deposit from 10 persons, such as the victim I, etc., as indicated in the following crime list, using gambling funds, etc. while being kept for business purposes.