A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 2016, the Defendant may impose a large amount of money on the Victim B (hereinafter the same shall apply) in the mutual influorial drinking house located in the Busan Dong-dong-gu, Gwangju (hereinafter the same shall apply) in order to engage in the fluorial distribution and sales of the fluorial D.

Nado 100,000, the test to invest 100,000,000,000.

“.....”

However, if the victim transfers the investment money to the account in the name of D because of the need for living expenses, the defendant thought to use part of the money as living expenses, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 20 million from the victim to the D’s account on August 25, 2016; and (c) received a total of KRW 185 million from September 24, 2016 to transfer from that time to September 24, 2016, and subsequently acquired the remainder of KRW 150 million for the investment in the above double harbor trading business; and (c) by using the personal purpose.

2. As the embezzlement is obvious that the Defendant is a clerical error in writing from January 30, 2017 to April 18, 2017, “from August 25, 2016 to September 24, 2016” of the written indictment, and thus, it does not interfere with the Defendant’s exercise of his/her right to defense, and thus ex officio correction is made without changing the written indictment.

The sum of KRW 45 million was granted from D to the profits from the investment of the victim B in the French land and was stored for the victim, which was embezzled at will by using living expenses or debt repayment around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol (including the part concerning the statement of B) concerning the interrogation of the suspect against the defendant, and a protocol concerning the interrogation of the suspect against D;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the transfer of investment funds, transaction details in the name of passbook E, and criminal suspect D transaction details;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;