The defendant shall be exempted from punishment.

Punishment of the crime

On February 7, 2018, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court for fraud, etc., and on April 23, 2018, the said judgment became final and conclusive.

On May 9, 2016, the Defendant received KRW 9 million from the victim B to transfer the funds to purchase golf membership rights in the Philippines and used them for personal purposes, such as repayment of debts, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Previous convictions: Application of a copy of the text of the judgment as a result of case search;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity, etc. with cases where a judgment is rendered simultaneously with fraud, etc. as stated in the judgment);