A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On October 2015, the Defendant received from the victim in Seoul Dobong-gu, Seoul, which is operated by the victim B, the claim of KRW 110 million against E and F on behalf of the victim.

Accordingly, around June 2, 2015, the Defendant: (a) demanded the Defendant to repay the victim’s claim to the said E; (b) received remittance of KRW 10 million to the company bank account in the name of the Defendant’s wife; (c) and (d) received a total of KRW 110 million from around that time to October 31, 2016 as the repayment of the victim’s claim; and (d) has been kept for the victim after receiving a remittance of KRW 10 million in total as the repayment of the claim to the victim on 34 occasions; (c) around June 3, 2015, the Defendant embezzled the victim by arbitrarily consuming KRW 110 million in total over several hundreds from that time until December 2016 as the personal living expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Examination protocol of the accused by the prosecution;

1. Two times the police interrogation protocol of the accused;

1. The police statement concerning B;

1. The defendant asserts that it is difficult to view that he embezzled the use of the above money, since the defendant has been granted the right to collect and use 10 million won from the victim B.

The court duly adopted and investigated the following circumstances, i.e., (i) the victim stated in this court that “the defendant only requested collection and did not have the authority to dispose of it.” Such statements are consistent with the investigative agency; (ii) the defendant prepared a loan certificate to receive the amount of this case from the defendant and to redeem it with interest added thereto on April 27, 2017; (iii) the defendant drafted a statement of payment with the same content around December 28, 2017.