A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On February 6, 2014, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for occupational embezzlement in the Daejeon District Court Branch of the Daejeon District Court, and the judgment became final and conclusive on October 24, 2014. On February 17, 2016, the Daejeon District Court sentenced a suspended sentence of one year of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on February 25, 2016.

From November 2004, the Defendant purchased a building under the premise of marriage with the victim C by purchasing the building together with the victim and receiving the loan in the name of the victim in mind by purchasing the market price marginal profit by the method of shorting the building with the victim.

On August 22, 2012, the Defendant received deposits, monthly rent, etc. paid by lessees of the above multi-household housing in South-gu, Nam-gu, Seoul Special Metropolitan City, where he/she acquired ownership from the injured party under the name of the injured party, and the injured party took charge of using the borrowed money to purchase the above multi-household housing or using it as expenses for managing the above multi-household housing.

On December 5, 2012, the Defendant embezzled KRW 55,681,560 in total five times from September 24, 2012 to December 6, 2012, as indicated in the separate sheet of crime, while receiving KRW 10,00,000 from the company bank account (E) of the Defendant’s name to receive KRW 405,00 to the said multi-household house for the victim, and, on the same day, remitted the same day to the account in the name of the Defendant for personal investment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to the prosecution on victims;

1. Full certificate of the matters to be registered (Yan-gu, Southern-gu, Dong-gu);

1. Certificate of remittance confirmation (1st page 48 of investigation records), certificate of transfer confirmation (1st page 50 of investigation records), inquiry of past transaction records (1st page 50 of investigation records), inquiry of past transaction records (H), each account transaction records (12th page 12th, 17th page, 28th page, 257 of investigation records), account transaction records (2th page 627 of investigation records), account transaction records (2nd page 627 of investigation records), account transaction records (2nd page 938 of investigation records);

1. Judgment.