A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 23, 2012, the Defendant was delegated by the victim D, victim E, victim F, victim G, and victim H with the duties of filing a claim for the cancellation of the registration of the establishment of collateral mortgage on the above officetels, which is the party selling the above officetels in Seongbuk-gu Seoul Special Metropolitan City. On April 23, 2012, the Defendant appointed the J attorney-at-law of the law firm as the agent of the above lawsuit and proceeded with the said lawsuit.

On December 28, 2012, the Defendant returned 40 million won, out of 60 million won paid by the victims to the JJ as the deposit money in connection with the above lawsuit, the Defendant stated to the effect that “the J attorney-at-law performed the deposit work instead of L, a business trip for a foreign country,” to the victim D, his agent K of the victim F, and the victim E. As such, when the money is deposited from the J attorney-at-law, the Defendant again remitted the money to L’s account in the name of the secretary-general.”

However, since the defendant was issued a deposit insurance policy equivalent to KRW 9,060,000 of insurance premium due to the difficult deposit of cash at the time, the defendant received the above KRW 40,000 from the victims and intended to use the above amount for litigation costs or for his own activities in the future, and did not have the intention or ability to use it as the deposit money.

Ultimately, the Defendant, as seen above, received the victims from the victims to a new bank account in the name of L as deposit money and acquired them by deceiving them from the victims.

Summary of Evidence

1. The legal statement of the witness H and G, and the legal statement of the witness M in part;

1. Statement of the witness K and E in the third public trial records;

1. Statement in K in the second examination protocol of the suspect of the police against the accused;

1. Each police statement made to K, E, and J;

1. Application of delegation contract of this case, a statement of payment of litigation costs, details of passbook, and statutes proving contents of passbook

1. As to the assertion of the Defendant and the defense counsel regarding the criminal facts, Article 347(1) of the Criminal Act, and Article 347 of the Criminal Act.