A defendant shall be punished by imprisonment for six months.

The defendant pays 30,000,000 won to an applicant for compensation.

The above compensation order shall be.

Punishment of the crime

On July 18, 2006, the Defendant received from the Victim C a remittance of KRW 28950,000 (excluding interest at the rate of KRW 30,000,000) from the Victim C, and lent it to D. However, D failed to repay the said borrowed amount on time, unlike the promise.

On July 30, 2007, the Defendant completed the registration of the establishment of chonsegwon, which is KRW 40 million, with respect to No. 202 of the apartment building E located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with the security of the credit, including the above loan.

On April 30, 2008, the Defendant: (a) on April 30, 2008, around the south-gu, Incheon Metropolitan City, the Defendant: (b) borrowed money from D to sell the apartment if D had D cancelled the registration of the establishment of the right to lease on a deposit basis; (c) returned money borrowed from D to D to the principal; and (d) paid off KRW 30 million that D borrowed.

Accordingly, the Defendant: (a) received F’s certificate of personal seal impression necessary for cancelling the registration of the establishment of chonsegwon on the same day from the victim; (b) deleted the right to lease on a deposit basis; (c) received from D as a repayment for the victim’s debt; and (d) embezzled it for the victim’s personal purpose around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, and C;

1. A protocol of examination of the suspect against the defendant on July 30, 2012 (including each part of the statements stated inC and D)

1. Protocol on the Examination of Suspect against the accused by the prosecution part of each part of the remaining prosecutor's office (including the part concerning each statement inC and D);

1. Application of Acts and subordinate statutes to an investigation report (a certified copy of the register submitted by the complainant);

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

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The grounds for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Sentence of Provisional Execution (Scope of Recommendation Punishment) (100 million won).