Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 16, 2017, the Defendant entered into a contract on the transfer of the claim to the victim to transfer the claim to return the deposit amount of KRW 25 million to the restaurant in the C/C building in Busan Metropolitan City, Busan Metropolitan City, in order to secure the obligation for the loan, with the Defendant’s loan of KRW 20 million from the victim B/C corporation.

On December 4, 2017, the Defendant received the lease deposit of KRW 10 million from the lessor of the above restaurant building to the D Association account under the name of the Defendant, and embezzled the lease deposit of KRW 15 million on January 3, 2018 to the E bank account in the name of the Defendant for the victim company, while he/she received the lease deposit of KRW 15 million from the said restaurant building to the E bank account in the name of the Defendant, and he/she temporarily consumed and embezzled it as debt repayment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (person G telephone conversations with him);

1. Current status of credit account for each borrower, credit transaction agreement, credit transfer contract, credit transfer notice, real estate lease contract, notice following the notification of transfer of claims, criminal appeal, and notice of scheduled commencement of legal proceedings;

1. Application of Acts and subordinate statutes attesting details of deposit transactions and details of deposit transactions;

1. Article 335 of the Criminal Act applicable to the crime, Article 335 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires punishment corresponding to the fact that the Defendant arbitrarily received and consumed the lease deposit created by the Defendant as security.

However, the same punishment as the order shall be determined in consideration of the fact that it was used for the repayment of other debts and was not a malicious motive, and that there was an agreement with the victim during a trial, and that there was no record of criminal punishment.