A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who runs real estate brokerage business.

On January 13, 201, the Defendant arranged for sale of the forest land of Hongcheon-gun E, Gangwon-do, the victim D to the (State) F for KRW 34 million at the office of the Korean judicial scrivener office located in Chuncheon (hereinafter referred to as "Sacheon-si") around January 13, 201, and embezzled the said money by consuming it for private use around that time, under the pretext of the balance from the F for sale and purchase of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police against D;

1. Complaint;

1. A certified copy of a real estate registry, a copy of a contract for trading, a certified copy of a real estate registry, a copy of a reply for proving the content of the real estate registry, a copy of a written reply for payment, a copy of an appraisal statement,

1. Application of Acts and subordinate statutes of the investigative report (Evidence No. 18,24)

1. Relevant legal provisions for criminal facts, Article 355(1) of the Criminal Act for the selection of punishment, grounds for sentencing of imprisonment [the scope of recommended punishment] Type 2 [the scope of punishment] [10 million won to be less than 500 million won] [no person subject to special sentencing] [the decision of sentencing] [the amount of embezzlement of this case exceeds KRW 149 million], and the amount of half of the amount of damage is not paid up to 100 million, and it seems that the victim is suffering from considerable pain, and that there is no agreement with the victim, respectively.

However, it is ordered that the defendant divided the defendant's mistake, provided the victim's land in H's name as security at the time of embezzlement of money, and eventually, in 2015, the victim received approximately KRW 70 million from H and recovered some amount of damage by receiving approximately KRW 70 million from H. In light of the favorable circumstances that the defendant did not have any past record of the same crime, and all of the sentencing factors such as the background leading up to the crime, circumstances after the crime, the defendant's age, sexual behavior, environment, etc. are considered equally.