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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 28, 2009, the Defendant entered into a lease agreement on real estate lease business with the lessor F, the lessee Korea Housing Corporation, and the occupant as the Defendant with respect to 102-dong 404, Nam-gu, Incheon, Nam-gu E apartment complex 102-dong 404, Nam-gu, Incheon.
The Defendant, at the time, provided that KRW 66.5 million out of the deposit amount of KRW 80 million was provided by the said Housing Corporation to the lessor F, and the said Housing Corporation paid the said money to the lessor. The Defendant was aware that at the end of the lease term, he cannot exercise any right against the said money and the lessor should return the said money to the said Housing Corporation.
Nevertheless, on November 19, 2012, the Defendant returned the said KRW 66.5 million from G to which the ownership of the said house was transferred from F and embezzled by arbitrarily consuming it for personal use, such as debt repayment and living expenses, at that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to H and I by the police;
1. Application of Acts and subordinate statutes other than the lease contract for real estate rental business on the basis of new marriage;
1. The crime of this case with the reason for sentencing of punishment under Article 355(1) of the Act on Criminal Crimes, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, and the reason for sentencing of imprisonment with prison labor, is that the defendant was merely an occupant of the leased house and is not a lessee who bears the right to the deposit, and thus, he received the deposit from the lessor and voluntarily consumed it.
In addition, although the defendant deposited 10 million won, 100,000 won was repaid once, and 100,000 won was changed in the future.
The amount of damage which has already occurred and has not yet been recovered is a large amount.
Therefore, the defendant is sentenced to punishment.
When determining the term of punishment, the circumstances mentioned above shall be taken into consideration, but the defendant acknowledges the crime and is the first offender who has no power.