A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

around 2010, the Defendant newly constructed and sold a loan to the Yangcheon-gu Seoul Metropolitan Government F, Yangcheon-gu, with the victim D and E, and then divided the profits.

1. On May 31, 2013, the Defendant agreed to cancel the right to collateral security established on the repayment of loans under the foregoing 203 as KRW 75 million out of the deposit money that was leased under the above 203, along with the said victims at an unsound place.

The Defendant, while keeping KRW 75 million for the purpose of the repayment of the above loan, did not use 37.5 million won for the repayment of the loan in accordance with the above agreement, and deposited it at will to the account under the name of the Defendant and embezzled on November 25, 2013.

2. On July 2, 2013, the Defendant agreed to pay the comprehensive income tax imposed on the above building as KRW 53 million out of the deposit money leased under the above 203 and 503 of the loan, along with the said victims at an unsound place.

The Defendant paid KRW 18,022,540, which was part of the income tax on July 1, 2013 while keeping KRW 53 million for the purpose of paying global income tax, and embezzled the remainder of KRW 34,977,460 by arbitrarily consuming it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G, and E;

1. Statement of the prosecution and the police interrogation of the accused (including the D substitute part);

1. Statement of D police statement;

1. Each written statement of D, G, and E;

1. A complaint;

1. A lease contract, a notice of tax payment, a receipt;

1. Debt certificate, cash storage certificate, A passbook copy, and deposit statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentencing Articles 32(1) and 32(2) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the scope of liability for compensation is not clear, and it is not reasonable to issue an order for compensation in the instant criminal procedure).