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Defendants shall be punished by imprisonment for eight months.
However, as to the Defendants for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
B On November 7, 2013, the Suwon District Court was sentenced to 6 months of imprisonment for fraud and 2 years of suspended execution, and the said judgment became final and conclusive on November 14, 2013, and is currently under suspended execution.
Defendant
A as an attorney-at-law, a person providing financial advice, etc., and Defendant B is a person who operates a “stock company E (hereinafter referred to as the “instant company”) in collaboration with F in real estate development consulting, etc.
On July 11, 2012, the Defendants, along with the above F, agreed to the effect that “The victim G shall pay 300 million won performance guarantee to the Defendant A, and the Defendant A shall keep the said performance guarantee 300 million won until July 16, 2012, but if the funds are not raised by July 16, 2012, the performance guarantee 300 million won shall be returned to the victim G.”
Accordingly, on July 11, 2012, Defendant A received 300 million won as a performance guarantee from the victim G to July 16, 2012. Thus, Defendant A kept the same until July 16, 2012, and returned it to the victim G if the funds were not raised, notwithstanding the fact that the said performance guarantee deposit was kept in custody, Defendant B and F first paid the money necessary for the transfer of funds, and then transferred the said money to the national bank account under the name of the instant company on July 12, 2012. Defendant B and F transferred the said 300 million won to the post bank account under the name of H on the same day.
Accordingly, the Defendants, in collusion with F, embezzled 30 million won of the victim’s performance bond to the account under H’s name at will.
Summary of Evidence
1. Defendants’ partial statement
1. Statements made by witnesses G in the third protocol of trial;
1. Partial statement of witness B in the fourth trial record;
1. Prosecutions and police interrogation protocol for the Defendants
1. Each written agreement on July 6, 2012