Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant, on May 2013, at a place where it is impossible to know a place where a police officer cannot be found, made an investment by leaving a phone to the victim C to lend money. The Defendant would make an investment to the victim C. The Defendant would pay a fee to give a profit upon lending a fee. The money lending will make a profit by August 2013, 2013, which is the date of the profit from the victim’s investment, to August 2013.

5. From July 1 to July 17 of the same month, the sum of KRW 36,00,000,000 was transferred to one bank account (Account Number D) in the name of the defendant and deposited for the victim. At that time, the victim used KRW 7,985,00,000, out of the amount of KRW 36,00,000 received from the victim, as personal for the defendant's interest on the defendant's obligation.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Judgment on the defendant and his defense counsel's assertion of the police investigation report (the attachment of the passbook transaction statement, the attachment of documents submitted by the suspect, and the attachment of documents submitted by the victim C)

1. Although the amount of KRW 7,985,00 from the single banking account of the defendant and his defense counsel has been lost due to the interest, etc. on the defendant's obligation, the above single banking account was in the condition that the loan interest, etc. can be withdrawn by automatic transfer within the limit of the deposit amount as the marina account. At the time, the defendant's single banking account had a balance of deposit deposit amount, so the defendant purchased shares of KRW 7,985,00 for the victim without transferring the deposit amount from the single banking account for convenience of transaction. The defendant asserts that there is no intention to commit embezzlement.

2. Determination

(a) In the crime of embezzlement, the intent of unlawful acquisition shall be the property of another person in breach of his duty for the purpose of seeking the benefit of himself or a third party.