Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a person who engages in real estate brokerage business.

On September 9, 2010, the Defendant, together with C, arranged the victims D to sell and sell the E building, filed a lawsuit of claiming a brokerage commission against the victims, and received the judgment from the court that the Defendant would receive three million won, and C would receive five million won, under the pretext of brokerage commission.

Around 14:02 on July 31, 2012, the Defendant received 8.5 million won from the victims of the Daedae Credit Cooperative located in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, and received 5.5 million won from the victims of the credit cooperative, which was asked to request C to transfer 5.5 million won among them.

While the Defendant kept the above KRW 5 million for the victim, the Defendant refused to pay the above money to C for the reason that the victim had a separate claim, and refused to demand the return of the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;