A defendant shall be punished by imprisonment for one year.

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

[criminal power] The defendant is a person who was sentenced to five years of suspension of the execution on February 7, 2018 to three years of imprisonment with labor for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the original state branch of the Chuncheon District Court on June 7, 2017.

【Criminal Facts】

The Defendant, at the Defendant’s office located in Seocho-gu Seoul Metropolitan Government around September 12, 2017, ordered the victim C to open, operate, and pay the principal and profits by dividing the amount of KRW 500 million from October 201 to May 2021, 201, at the Defendant’s office located in Seocho-gu, Seoul, as follows: “The Defendant shall use the amount of KRW 200 million from September 13, 2017 only for the opening expenses of marina business,” and the Defendant shall not use the said investment agreement for any purpose other than for business.

'exclusive prohibition clause' was written.

However, according to the above investment agreement, the Defendant received KRW 200 million from the victim around September 13, 2017, and thought that most of them would be used as personal use or business funds related to real estate implementation rather than business, and thus, even if the Defendant received KRW 200 million from the victim, there was no intention or ability to return the principal of the investment fund with the proceeds attached thereto.

Nevertheless, around September 13, 2017, the Defendant, by deceiving the victim as above, received KRW 200 million from the victim, under the name of the Defendant’s account in the name of the Nonghyup Bank (D).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Documents to be attached to the written complaint and investigation report (20 million won remittance statement be bound);

1. Previous convictions: Application of criminal records and investigation reports (Attachment to cases of suspended sentence of a suspect), and statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act, the suspension of execution;