A defendant shall be punished by imprisonment for two years.

The defendant shall be liable to the applicant for the embezzlement amounting to 366,292,00 won and the defendant shall do so.

Punishment of the crime

1. Around 13:00 on August 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) received a total of 10,00,00 UN sum of 6,000,000 from the Victim F, which was introduced by G, which is a branch of the Japan Baria Port from the Japan, to the money exchange located in H in Jung-gu, Seoul, and embezzled to keep the said money for the victim upon the request of the victim. At around 16:00 on the same day, the Defendant used the said money as if he filed a customs report to G, who was working at the Incheon Port provided in the Jung-gu, Incheon, Seodong-gu, Incheon, and exchanged part of it into a taxi and then used it for personal purposes, such as gambling funds, and embezzled KRW 60,000,000 owned by the victim.

2. Any person who violates the Foreign Exchange Transactions Act shall report to the head of the competent customs office, if he carries and imports means of payment exceeding ten thousand U.S. dollars.

The Defendant, at around 16:00 on August 28, 2014, carried 60 million U.N. (Korean Won 568,452,00) upon the request of F to deliver it at the Incheon Western-dong, Jung-gu Incheon, Incheon, and did not report to the head of the competent customs office, even though he entered Japan.

Accordingly, the Defendant imported the payment means without reporting.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to F and G by the police;

1. Seizure records;

1. Details of tickets, and the entry and departure of the accused;

1. Application of Acts and subordinate statutes to each investigation report (to hear the victim's telephone statement, hear G telephone statement, and conduct exchange rate inquiry on the day of this case);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 355 (1) of the Criminal Act, Article 29 (1) 7 of the Foreign Exchange Transactions Act, and Article 17 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3 (1) 2 of the same Act, the selection of punishment for the crime

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 37 of the Criminal Code among concurrent crimes.