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

Punishment of the crime

[criminal record] On November 27, 2015, the Defendant was sentenced to three months of imprisonment for embezzlement at the Busan District Court, and the judgment was finalized on January 29, 2016.

[Criminal facts] The Defendant, at the office of the victim F corporation located in Suwon-gu, Busan and 301, around March 2013, to G, an operator of the above victim, “A medical tourism business is being claimed, and KRW 500 million from the Busan City will come.

In order to receive money from the examination in Busan City, the facility has to be prepared and provided in advance, which is different from the loan of KRW 100 million. One month, the payment of interest of KRW 2.5 million and the payment of principal shall be made only 3 months, and the principal shall be paid.

However, the defendant did not have any intention to use the money borrowed from the injured party for the medical tourism business, and there was no intention or ability to repay the money.

On June 3, 2013, the Defendant, by deceiving the victim, received KRW 100 million from the damaged party, via a bank account (number H) in the name of the Defendant under the pretext of the borrowed money.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement made by the witness G in the third public trial records;

1. A protocol concerning the examination of suspect to the prosecution of some of the accused (including a substitute part of theG);

1. A protocol of partially examining the suspect of the police against the defendant (including a substitute part of theG);

1. Statement protocol of the police;

1. Details of the receipt of a complaint, the receipt of a loan, or the transfer of funds;

1. Records of judgment: Inquiry about criminal history and the application of Acts and subordinate statutes (hereinafter referred to as "crime reporting") on criminal history;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The latter part of Article 37 of the Criminal Code that treats concurrent crimes, provided that the latter part of Article 37 of the Criminal Code that the reason for sentencing of Article 39(1) does not apply to concurrent crimes.

The defendant committed the crime of this case during the period of suspension of execution due to the same crime, even though the amount of damage is not so much, the recovery of damage has not been almost possible, and the defendant is consistent and contradictory to unperficiencies defense.