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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 201, the Defendant: (a) requested the so-called “preju” holding cash from the victim E to receive a certificate of balance of passbook deposited in KRW 30 billion from the victim; (b) delivered the fee to the said “preju”; and (c) promised to receive a certificate of balance of passbook deposited in KRW 30 billion from the previous week to the victim.

Around May 2, 2011, the Defendant received commission of KRW 90 million from the victim to the said “ Jeonju” and kept the Defendant in F’s account in the name of F (National Bank G) a representative director. On May 2, 2011, the Defendant arbitrarily used KRW 90 million in total over 23 times from around that time to May 9, 201, as shown in the list of crimes in the attached Table, including remitting KRW 2 million to H, who is the Defendant’s birth.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Each protocol concerning the examination of the accused by the prosecution (including the E statement);

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. An agreement;

1. Application of the receipt statute

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. In light of Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (hereinafter “Special Cases”), the Defendant entered into an additional agreement with the victim after the instant crime, and used an amount of money equivalent to KRW 14 billion in the account under the name of the Defendant on June 13, 201, and KRW 3 billion in the account under the name of the Defendant on August 30, 201, based on the following factors: (a) whether or not the Defendant is liable for compensation or whether or not the scope thereof is unclear; and (b) whether the Defendant entered into an additional agreement with the victim after the instant crime; and (c) whether the amount of money equivalent to KRW 3 billion in the account under the name of the Defendant was used on August 30, 2011; and (d) the background, means, methods

It is so decided as per Disposition for the above reasons.