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

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

Punishment of the crime

[criminal power] On August 24, 2018, the Defendant was sentenced to a suspended sentence of imprisonment for four months for fraud in this court, and the judgment became final and conclusive on September 1, 2018.

【Criminal Facts】

around July 2016, the Defendant consulted with the victim D to receive the right to operate the construction site restaurant (hereinafter referred to as the “lock restaurant”) from the victim D in cash, and received KRW 50 million as the down payment.

After that, the defendant delivered the above money to E under the pretext of introducing the Haba-cafeteria operator, but it is not possible to receive the right to operate the Haba-cafeteria, and again received the above money from E.

Around October 2017, the Defendant, who received the above return, embezzled the above money from Vietnam trade project funds managed by himself/herself for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A certificate;

1. Each investigation report ( telephone conversations with witnesses E and statement of witness E phone);

1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the crime of this case and fraud for which judgment has become final and conclusive);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] 1 month to 5 years [whether or not the sentencing guidelines are applied] of the instant crime is in the relationship of fraud for which the judgment becomes final and the latter concurrent crimes under Article 37 of the Criminal Act, and thus, the sentencing guidelines

[Determination of Sentence] The crime of this case 2 years of suspended sentence in August of the year of imprisonment is that the defendant embezzleds KRW 50 million received in return for the acquisition of the right to operate the restaurant in the process of arranging the acquisition of the right to operate the restaurant as a "Brok" as a "Brok".