A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

From May 2018 to March 2019, the Defendant entered into a contract for the delegation of sale to the victim B and the high-sea C building in Yongsan-gu, U.S. and has been engaged in all duties concerning the sale, contract, and occupancy of the above building.

On September 5, 2018, the Defendant concluded a sales contract with E in the name of the victim for sale in accordance with the above sales delegation contract at the above CD office, and received a check of KRW 20 million from E as the contract deposit for sale in the name of the victim, and kept in custody for the victim. On the same day, around 14:39 of the same day, the Defendant exchanged the above check in cash at the H Daily branch located in Goyang-dong Seoul Metropolitan City G in order to use it for personal purposes such as the Defendant’s office’s operating fund and living fund.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each statement made by the police in relation to B and E;

1. Application of the respective Acts and subordinate statutes to entries in the C sale contract, check implementation note, and check copy;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations] and the basic area of punishment, four months to one year and four months;

3. Determination of sentence: Imprisonment with prison labor for a period of four-month crime; damage has not been recovered for a long time;

The accused has a criminal record of not less than ten times.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

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