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A defendant shall be punished by imprisonment for not less than one year and five months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who has no fixed occupation.
1. Around September 2010, the Defendant: (a) accessed the victim F, who was able to appoint a defense counsel for a criminal case of a partner; (b) made a false call to the victim on October 4, 2010, stating that “The amount requested by the attorney-at-law as a retainer fee shall not be more than 11 million won; (c) the victim sent the amount to the account as the cost of attorney-at-law’s appointment requires 50 million won; and (d) he/she received and kept the remittance from the victim to the account under the name of G; and (e) he/she made a false call to the victim and embezzled it under the name of 10 million won under the pretext of advance payment; and (e) issued the remaining 39 million won under the pretext of advance payment to the victim, and embezzled it by using the Defendant’s debt repayment, etc.
2. Fraud;