A defendant shall be punished by imprisonment for four months.

The defendant pays 48 million won to an applicant for compensation.

3.2

Punishment of the crime

The victim B is the owner of the Nam-gu Incheon Metropolitan City CD, and the Defendant was the lessee from February 9, 2018 to February 8, 2020. At the time of the lease contract with the above lending, KRW 48 million out of the deposit amount was not paid by the lessor to the lessee at the time of termination of the lease contract, and the lessor was paid by the repayment of the deposit with the bank.

Upon the expiration of the lease term on February 8, 2020, the Defendant demanded the return of the deposit by phone to the victim on February 15, 2020. Despite the fact that the Defendant received the refund of KRW 19,954,850,000,000,000 from the victim on February 18, 2020, around February 28, 2020, KRW 2,000,000,000 around February 28, 2020, and KRW 54,954,850,00 from March 12, 2020, received KRW 59,954,850 from the Defendant’s bank account (E) under the name of the Defendant to receive the amount exceeding KRW 48 million.

Around March 12, 2020, the Defendant: (a) expressed that the Defendant would directly repay the amount of KRW 48 million to the bank in lieu of the victim through F acting on behalf of the Defendant for the said lease business; and (b) was in custody for the victim; and (c) voluntarily consumed the amount of KRW 48 million from March 12, 2020 to March 13, 202.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning B and materials attached thereto;

1. Application of Acts and subordinate statutes to the investigation status;

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

1. Reasons for sentencing under Articles 25 (1) 1 and 31 of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) shall be limited to the basic field of embezzlement and breach of trust [the category 1] below the amount of KRW 100 million [the scope of the recommended and recommended punishment] below the amount of KRW 100 million, and four months to one year and four months;

2. Sentence;