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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Embezzlement;
A. On March 31, 2012, when a child care center sales contract concluded between the victim and the defendant and the victim Eul or the defendant was completed at the D’s coffee specialty store located in Daegu Suwon-gu, Daegu-gu, the defendant received and kept the remainder of 110 million won from the sales contract upon request by the victim Eul to pay the balance to E.
The Defendant kept the remainder of KRW 10 million for the victim, and around that time, used KRW 70 million for personal purposes, such as repayment of personal debt, living expenses, etc.
Accordingly, the defendant embezzled the victim's property.
B. Around June 1, 2012, the Defendant: (a) received KRW 25 million from the victim F and kept the lease deposit to the lessee of the childcare center, upon request of the victim to resolve the refund of the lease deposit due to the expiration of the lease term with respect to the “H childcare center” located in the Daegu Suwon-gu G, Daegu-gu, which is owned by the victim; and (b) received from the lessee of the childcare center.
While the Defendant kept the lease deposit of KRW 25 million for the victim, he/she used it for personal purposes, such as expenses incurred in the interior of another childcare center, which the Defendant had proceeded.
Accordingly, the defendant embezzled the victim's property.
2. Any person who intends to run real estate brokerage business in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act shall register the establishment of a brokerage office with the head of Si/Gun/Gu having jurisdiction over such
Nevertheless, on February 14, 2012, the Defendant, without registering the establishment with the competent authorities, requested the transfer of the right to child care centers and the lease of the building from E at the “J” Child Care Center office located on the first floor 102 of the I building, and made a deposit of KRW 15 million between E and B, and the monthly rent of KRW 1.5 million.