A defendant shall be punished by imprisonment for not more than ten months.

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

1. From May 201, the Defendant, at the coffee shop located in Ansan-si around May 201, concluded that “a business has lent money as security to the victim C, which is 5% interest per month.” The Defendant was issued a total of KRW 22,700,000 from May 27, 201 to January 20, 201, and kept the victim for the sake of the victim.

On June 13, 201 and June 15, 2011, the Defendant arbitrarily lent KRW 53,000,000 out of the above investment funds received from the victim to D and embezzled by arbitrarily using KRW 96,678,930 in total, such as using KRW 46,678,930 for the cost of living.

2. Around December 21, 2011, the Defendant expressed to the victim C that “A child’s punishment is operating a factory, and only two to three months should be used and repaid as business funds. It may receive 40% interest per annum.”

However, in fact, the defendant thought that he would borrow money from the victim to use it as living expenses, etc., and the automobile mortgage loan business that was conducted with investment from the victim was suspended for about three months, and there was no certain income. Therefore, even if he borrowed money from the victim, he did not have the intention or ability

Nevertheless, the Defendant, by deceiving the victim as above, obtained a total of KRW 26,00,000 from December 21, 201 to January 20, 201, and acquired it by deception from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to C, D, and E;

1. Complaint;

1. A detailed statement of bank transactions and a receipt without passbook;

1. Copy of the loan certificate;

1. A bank transaction statement;

1. Application of Acts and subordinate statutes to the investigation report (the amount of embezzlement specified);

1. Article 35(1) of the Criminal Act applicable to the crime and Article 355(1) of the choice of criminal punishment (a comprehensive and inclusive of embezzlement, imprisonment choice) and Article 347(1) of the Criminal Act (a comprehensive and inclusive of fraud, choice of imprisonment).