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

Punishment of the crime

From June 2009, the Defendant and the victim D were in a tobacco relationship. On January 201, 201, the victim left Korea to Australia for employment with the end of January 201, and had the Defendant keep the passbook and the seal of the bank in the name of the victim in order to dispose of the property in Korea, and notified the password, but it was legitimate to use the balance of the passbook without the consent of the victim.

However, when the money for gambling and living costs were insufficient while gambling in a casino, the Defendant: (a) transferred KRW 5,00,000 from the above passbook to the new bank account in the name of the Defendant from March 20, 2012 to the new bank account in the name of the Defendant without the victim’s permission, and (b) voluntarily withdrawn the amount of KRW 11,110,70,000 from the victim’s passbook from March 20, 201 to the Defendant’s account, as shown in the list of crimes in the attached Table, from around 27, 2012, our bank located in Eunpyeong-gu Seoul Metropolitan City around May 25, 201, which had the passbook and seal of the victim and became aware of the password.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of complaint, copy of passbook, and transaction;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting the crime (i.e., embezzlement and inclusive);

1. The sentencing of selective sentence of imprisonment with prison labor has been embezzled by a considerable amount of Defendant, and used it as gambling funds, etc., and the recovery of damage has not been completed.

Therefore, the defendant shall be sentenced to punishment, and the amount of 19 million won has been paid, and the defendant appears to have a considerable portion of the amount to be settled with the victim, and the amount loaned to the victim reaches 20 million won. On the other hand, the victim stated only the fact that 21.4 million won has been borrowed from the complaint, and residing in a foreign country.