A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On June 23, 2010, the victim B and the lessee Korea Land and Housing Corporation entered into a lease contract with the former deposit amounting to KRW 40 million with respect to the former deposit for the C Apartment-gu, Seo-gu, Seocheon-gu, Seoul Special Metropolitan City. The Defendant resided in the said apartment from July 2010 to July 2012 according to the Korea Land and Housing Corporation’s “existing house and the new mixed sub-lease lease business”.

If the contract term of the above lease expires, the deposit amount of KRW 40 million shall be paid to the Korea Land and Housing Corporation, but the victim shall be paid the above KRW 40 million from the real estate agent E, and the victim shall be paid the above KRW 40 million to the bank account in the name of the defendant on July 2, 2012.

Around that time, the Defendant confirmed the above remittance of mistake, and kept the above KRW 40 million for the victim, and embezzled the Defendant’s new residence as a deposit for a lease contract.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the details of banking transactions, a contract on a deposit basis, a peremptory notice to refund a deposit on a deposit basis, and a written confirmation;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below KRW 100 million [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, and April through April 14 months;

2. The number of damages determined by the sentence shall not be 40 million won.

The defendant is in an unknown state without making all efforts to repay the damage.

There are several kinds of crimes, which have been punished for several times, and have the same record.

In addition, the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime are considered as the order.