A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 3, 2013, the Defendant, at the D Licensed Real Estate Agent Office located in Seocho-gu Seoul Metropolitan Government, received KRW 150,000,000 from the victim E as part of the deposit money for lease on July 7, 202 of Seocho-gu Seoul Metropolitan Government, which entered into a lease agreement with the lessor F, and embezzled KRW 49,20,000 for personal debt repayment on the same day, and embezzled KRW 8,666,61 for personal debt repayment, and KRW 46,50,000 for other real estate deposit payment on the same day, and embezzled KRW 104,966,611 for personal purpose on June 10, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H and J;

1. Investigative report (Submission of details of bankbooks for suspects);

1. A complaint filed by E;

1. The lease contract for the apartment;

1. Application of Acts and subordinate statutes on statement to E;

1. According to the records of judgment on the assertion of the choice of imprisonment with labor, H established a right to lease on a deposit basis as a lessee before the above apartment complex and went to a director after the expiration of the lease period, and thereafter, E was a new lessee in the above apartment complex. H did not cancel the registration of the creation of a right to lease on a deposit basis at the time of the director's moving to a new lessee, and the lessorF (agent J) who did not receive the full amount of the lease deposit from E requires E to move to E.

The Defendant asserts to the effect that “the amount received from E is appropriated for the refund claim of H’s deposit against H, and that this case’s embezzlement cannot be established because she obtained consent from H to borrow and use the money.”

However, it is not clear whether the above amount has been finally reverted to H as the defendant's assertion.

This is because.