A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 25, 2018, the Defendant was sentenced to eight months of imprisonment for occupational embezzlement in the Suwon District Court’s Ansan Branch for the crime of occupational embezzlement, and the judgment became final and conclusive on July 19, 2019.

On January 18, 2016, the Defendant made a false statement to the victim D on January 18, 2016 in Seocho-gu Seoul, Seocho-gu Seoul, stating that “If 25 million won is more than that of investing in the Seoul Jongno-gu E Public Sale, F shall grant a loan of KRW 24 billion.” On the one hand, the Defendant would give a loan of KRW 25 million to the victim D after three months, as well as to return the principal and additional KRW 25 million.”

However, even if the Defendant borrowed KRW 25 billion from the victim, it was impossible for the Defendant to obtain a loan of KRW 24 billion from the F (hereinafter “F”) that demanded the acquisition of the equity capital of KRW 3 billion in E-related business loans, since the Defendant was planning to obtain only a balance certificate of KRW 3 billion after paying the said money as interest for one-month interest, and borrowing KRW 3 billion in short term.

In addition, at the time, the defendant was liable to financial institutions for approximately KRW 100 million, and there was no intention or ability to repay the above money due to no particular property or income.

As above, the Defendant, by deceiving the victim, received KRW 25 million from the victim’s G bank account on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. The statements made by witnesses D in the third protocol of the trial, by witnesses I in the fifth protocol of the trial, and by the J in the seventh protocol of the trial (I in part of the trial);

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Part concerning the statement of K in the investigation report (related to the J and K investigation);

1. A complaint (including statements of financial transactions and content certification attached thereto);

1. Details of financial transactions, business agreement, certificate of balance, joint business contract, and E-Abstract;

1. Previous convictions: Criminal records, written judgments, and written judgments;