A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2017 Highest 2870] The defendant is a workplace commercial of the victim C (V, 31 years of age).

On June 30, 2017, the Defendant: (a) completed a meeting in the company around 23:20 on June 30, 2017; (b) sent the victim to the house; and (c) moved the victim to the front of the second floor of the Incheon Southern-gu Office Officetel.

Defendant 1 met with the victim’s view in front of the above 2nd floor elevator, danced with the victim, and used the victim’s view in the above 1st floor chemical.

Accordingly, the defendant committed an indecent act against the victim.

[2017 Highest 2928] The Defendant was requested by the victim C to resell Etel 1203 around April 2016.

On the 27th of the same month, the Defendant sold the above sales right to F and received KRW 3 million with the sales price, but used the above sales price without paying it to the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

[2017 Highest 2870]

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police against C;

1. Recording notes of each recording file;

1. Investigation report (verification of telephone conversations between a witness and a witness);

1. The defendant's legal statement (as at the fourth public trial date);

1. Part of the protocol of the prosecution or the police examination of the accused (including the G part of the statement);

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to I and J;

1. A written contract for the sale of an officetel, inquiry into details of each transaction, reply to new data, details of deposit transactions, and details of transactions on entry and withdrawal;

1. Application of investigation report (Investigation of F Wires) Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 355 (1) of the Criminal Act (the point of embezzlement), and the choice of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances and the defendant's age are the reasons for sentencing under Article 62-2 of the Criminal Act, Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.