A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is a third-year relative who does not live with the victim, as the victim B.

1. The Defendant: (a) around March 20, 2018, at the victim’s house located in Jung-up Si, Jung-Eup, the Defendant: (b) stated that “I would sell to the victim immediately if I wish to sell D, which is a virtual currency equivalent to KRW 30 million purchased by the victim; and (c) transferred D 1.5 million won, which is a virtual currency equivalent to KRW 30 million, from the victim, to the wall of the Defendant’s virtual currency.”

Although the Defendant, upon delegation of the right to manage virtual currency from the victim, should manage the said virtual currency and sell it, the Defendant arbitrarily transferred it to his parents and female students in violation of his/her duties, and obtained financial benefits equivalent to KRW 30 million from the Defendant’s parents and female students, and suffered financial damage equivalent to the said amount from the victim.

2. On April 4, 2018, the Defendant embezzled the victim’s property by using the Defendant’s company’s operating funds, living expenses, and other business investments, etc. at his/her own discretion during the period from April 4, 2018 to the Defendant’s deposit of KRW 110 million in the E-title, which was used by the Defendant from April 8, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Report filed by B and details of deposit transactions;

1. Application of Acts and subordinate statutes on transactions of deposit in the Nonghyup Bank;

1. Relevant Article 355(2) of the Criminal Act, Article 355(2) of the Criminal Act, Article 355(2) and (1) of the Criminal Act, and Article 355(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing criteria: Embezzlement and breach of trust;