A defendant shall be punished by imprisonment for one year.

However, 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

On June 11, 2012, the Defendant lent the name of the business operator to allow friendship D and the victim C (former E) to run a wholesale and retail business via the trade name “F,” and leased the passbook to the victim by opening the Daegu Bank account (Account G) in the name of the Defendant so that the victim may deposit and withdraw the business funds of “F.”

After lending the above account to the victim, on September 28, 2012, the Defendant got the victim to keep KRW 120 million in the above account for the victim.

Nevertheless, at around 12:20 on September 28, 2012, the Defendant reported the loss of the passbook from his name-free bank employees in the 3rd Enterprise Department of Daegu-gu, Daegu-gu, Nowon-gu, 2012 to the 133 business division, and received the re-issuance of the passbook, and then deposited KRW 120 million on the same day at around 12:27 on the same day, and used it in mind with the Defendant’s business funds, living expenses, etc.

Accordingly, the Defendant embezzled KRW 120 million stored for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of replies related to the provision of financial transaction information;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and fine, the fact that there has been no record of severe punishment and that there has been an agreement with the victim);

1. Social service order under Article 62-2 of the Criminal Act;

1. Articles 25 (3) and 32 (1) and (2) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits;