A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On May 13, 2019, the Defendant: (a) transferred KRW 20 million out of KRW 50 million to the victim B of the lease deposit return claim regarding the “Seongsan-gu, Changwon-si C Apartment D,” which the Defendant leased and resided, to secure the obligation 20 million from the victim B (hereinafter “B”); and (b) the Defendant transferred KRW 20 million out of KRW 50 million to the victim B.

On the other hand, while the Defendant received on January 14, 2020 the lease deposit of 50 million won from the lessor of the above apartment on January 14, 2020, and transferred the remainder of 5 million won to the F bank account (G) account in the name of the Defendant on January 20, 2020, the Defendant arbitrarily consumed the same for personal purposes, such as stocks investment and living expenses, etc. around the same time while he kept the F Bank account in the name of the Defendant for the victim B.

Accordingly, the Defendant embezzled the victim B’s property.

2. On May 13, 2019, the Defendant: (a) transferred KRW 20 million, out of KRW 50 million, the lease deposit return claim for the “Seongwon-gu Kuwon-si Da Apartment-gu Da Apartment-ho,” which the Defendant leased and resided, to the said victim company in order to secure the obligation 20 million, borrowed from the victim H Co., Ltd. (hereinafter “H”); and (b) the Defendant transferred KRW 20 million to the said victim company.

On the other hand, the Defendant arbitrarily consumed the amount of KRW 45 million from the lessor E of the above apartment on January 14, 2020, among KRW 50 million on lease deposit, and KRW 5 million on January 20, 2020, which was transferred to the F bank account (G) account in the name of the Defendant on January 20, 2020, and used KRW 20 million during the period of custody for the victim H, for personal purposes, such as stocks investment and living expenses.

Accordingly, the Defendant embezzled the victim H’s property.

Summary of Evidence

1. Application of Acts and subordinate statutes to each letter transfer and takeover contract and specification of transactions to the defendant's legal statement;

1. Imprisonment with prison labor under Article 355 (1) of the Criminal Act, which is applicable to the relevant criminal facts and the selection of punishment;