A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant introduced the victim D to E, the total right holder of the game machine, with respect to the sale of C game machines and the total right holder, and he decided to take charge of the business when the victim purchases the total right, etc.

Therefore, the victim delivered KRW 125 million to E from July 2010 to August 201 of the same year for the purchase of game machine and the purchase of total tickets, but E failed to perform the above contract.

On February 2, 2011, the Defendant voluntarily consumed the amount of KRW 95 million from E in E in the mutual influoric wave in the Gyeonggi-do Seocheon-do, and embezzled it for the victim after returning KRW 30 million from E at the Sinsan Police Station located in Goyang-si, Goyang-si around May of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Each police interrogation protocol of the accused and E;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to each criminal history record, etc.;

1. The defendant, for the reason of sentencing of Article 355(1) of the Criminal Code of the pertinent Article on criminal facts, sustained a total of 125 million won or more returned from E, and sustained a loss after making an individual investment and having a total of 125 million won or more known to the complainant.

If we look at the situation before and after the case, there is no reason for the complainant to avoid the above damage.

In view of the fact that the defendant paid some expenses in the process of finding E, and that the defendant completed the registration of ownership transfer for seven parcels of land located in Maran-gun, Jeonnam-do in the future of the complainant's wife, it is insufficient to compensate for damage to the complainant.

The sentence shall be pronounced as ordered.