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

On April 27, 2013, the Defendant entered into a lease agreement with the victim B on the “C Apartment D, in the Kuwon-gu, Kuwon-si,” and received a loan of KRW 60 million between E and E on November 2013, with the content of the loan amount of KRW 60 million, the loan period of KRW 19 months, the repayment at maturity, and the lease on a deposit basis. As such, the Defendant established a neighboring pledge by taking the said real estate as collateral.

According to the above contract for the establishment of a pledge, when the victim, a lessor, refunds the deposit to the defendant due to termination of the lease relationship, the amount of the pledge established shall be returned directly to the victim within the extent of the balance, excluding the amount of deferred deduction from the deposit.

On August 17, 2015, the Defendant received and kept KRW 145 million, including KRW 60,000,000,000 from the victim on the ground of the termination of the lease contract term at the above location, and used the Defendant’s business funds, lease deposit, and living expenses, etc. for the victim, and embezzled them for personal purposes, such as business funds, lease deposit, and living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. An investigation report (the circumstances in which loans KRW 60 million per case were required to a suspect), a criminal investigation report (information attached to a warrant - warrant of seizure, correspondence data), a criminal investigation report (data attached to a criminal investigation report - data attached to a criminal investigation report - a criminal investigation report (data attached to data- a record-recording data in dialogue with a criminal suspect), and a criminal investigation report ( CD reproduction);

1. Application of the written complaint, the written agreement on the lease of an apartment, the agreement on the lease of an apartment, the contract for the lease of a pre-household, the contract of pledge, the written consent of pledge, and the letter of promise to refund the lease deposit

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

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).