【Criminal Power】 On July 10, 2019, the Defendant was sentenced to imprisonment for one year and six months with labor for fraud, etc. in the Suwon District Court’s Ansan Branch on July 10, 2019, and the judgment became final and conclusive on October 25, 2019.

【Criminal facts” (A) around October 2, 2018, the Defendant: (a) mediated the conclusion of a lease agreement with the victim D on the C real estate located in Ansan-gu, Ansan-si; (b) received a request from the victim to deliver the lease deposit to E; and (c) embezzled by arbitrarily consuming the remainder of KRW 1.5 million for personal purposes, such as living expenses, around October 9, 2018, the Defendant received a total of KRW 2 million from October 9, 2018 to January 10, 2019, and stored for the victim.

Summary of Evidence

1. Statement of D police statement;

1. A summary real estate contract, a statement of financial transactions, each investigation report (Evidence Nos. 9, 10, 11, 20, 21 of the evidence list): A criminal record inquiry report, and a report on the results of confirmation of the previous disposition: each defendant delivered 50,000 won out of 2 million won delivered by the victim to the lessor. Under the agreement with the victim, 50,000 won was used for the repair cost of the leased house or lent it to the son of the victim, and 1 million won was deposited in the Defendant’s deposit account, and the defendant did not embezzled the victim’s money.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, such as the statements by police of the victim, lessor, E, and son’s father and son’s father, simplified real estate contract, financial transaction statement, etc., (i) the Defendant, after mediating a lease contract between the victim and E, received 2 million won from the victim and paid 500,000 won to E among them as lease deposit, and the remainder of 1.5 million won is not delivered to E; and (ii) the Defendant, separately from the above 2 million won as a repair cost of leased house, additionally, added 60,000 won from the victim.