The Defendant, while working as a director of the Dispute Resolution Co., Ltd. from around 2011 to around 2012, at the sales office located in the 201-dong D Building 201, Gwangju City around September 201, the Defendant stated that the victim E would sell the D Building 208 Dong 402, which is owned by F, to the victim E in the amount of KRW 160 million. D building 200,000. D building 208 Dong 402, which is owned by F, as down payment, the down payment is KRW 10 million, intermediate payment, and the remainder amount of KRW 70,000,000,000,000 to F.

Accordingly, the Defendant concluded a sales contract with the victim for the above 208 Dong 402 and received KRW 10 million from the victim as contract deposit in the above sales office on September 10, 2012. On October 27, 2012, the Defendant received KRW 69 million in the name of intermediate payment (the amount after deducting KRW 1 million in the director’s expenses) from the account in the name of G as part payment through the account in the name of G as designated by the Defendant, and stored KRW 79 million for the victim. At that time, the Defendant used KRW 5 million out of the above money for the personal purpose of the Defendant, such as employee’s wages, event expenses, and advertising expenses.

Accordingly, the Defendant embezzled the property of the victim in custody.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A real estate sales contract, a deposit slip, or a certificate of performance of duties related to ownership transfer registration;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing of selective punishment of imprisonment is that the defendant recognized the facts charged in this case and reflects his mistake, and that the defendant has no specific criminal power can be considered as favorable circumstances to the defendant. However, it is necessary to strictly punish the defendant in light of the fact that the amount embezzled by the defendant is reasonable and the damage has not been repaid.

In addition, in consideration of various circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., the scope of sentencing guidelines [The type 1 type of embezzlement Crime Group 1> is imprisonment for 4 months or more in the basic area.