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

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

Punishment of the crime

On January 12, 2018, the Defendant, who is engaged in real estate consulting business, requested the victim B to purchase the land of Pyeongtaek-gun in Gangwon-do from the victim at an unsound place, and took custody of the down payment of KRW 18 million in the Agricultural Cooperative account (Account Number:D) in the name of the Defendant. From around that time to January 21, 2018, the Defendant embezzled the said money received from the victim from the victim to repay the Defendant’s personal debt or consume it with gambling funds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (victim B) and telephone conversationss, detailed statement of deposit transactions, certificate of registration, full amount of registration matters, details of entry and departure transactions;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. The Defendant, who had been kept for the victim, embezzled the amount of KRW 18 million by consuming both personal debt repayment and gambling funds.

The defendant's responsibility for this is not easy.

The defendant has been sentenced to a fine of two million won in the crime of embezzlement in 1996, and a sentence of two years in the suspension of the execution of imprisonment in 201 for breach of trust in 201.

However, taking into account the fact that the defendant was aware of the crime, the fact that the defendant received the letter by mutual agreement with the victim, and taking into account other factors such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, it is ordered as above.