A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 27, 2017, the Defendant, on November 27, 2017, lent the victim’s future e-mail loans, and the victim’s e-mail.

When entering into a loan contract for monetary consumption of KRW 10 million with the father and each other, the claims for return of KRW 15 million out of the amount of the lease deposit return claim of KRW 2.5 million, which was held to B as the condition of repayment or security for the above loan claim of KRW 301,000,000 to the above victims.

After that, on February 28, 2018, the Defendant: (a) received the lease deposit of KRW 2,500,000,000,000 from the real estate “B,” which was located in the Busan Seo-gu, Busan, and received from the said B without notifying the transfer of the above claim; and (b) embezzled the lease deposit of KRW 30,500,000,000,000, which was already transferred to the victims and was owned by the victims; and (c) used it for the repayment of the Defendant’s loans

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A written petition;

1. Application of Acts and subordinate statutes to each contract for lending and borrowing of money, additional agreement, contract for transfer of leasehold deposit, and notification of transfer of claims;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the following grounds for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] category 1 (less than 100 million won) and the basic area (from April to January 1) (no person subject to special sentencing];

2. The punishment shall be determined as ordered by comprehensively taking into account all the factors of sentencing, such as the defendant's age, sex, environment, family relationship, social relationship, etc., by taking into account the following factors: (a) the circumstance leading up to the crime of this case; (b) the means and consequence of the crime of this case; (c) the extent of damage; (d) the circumstances after the crime of this case; and (e) the fact that there are no other criminal records other than the minor

It is so decided as per Disposition for the above reasons.