A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 5, 2011, the Defendant owned the victim C, “410.7 square meters of the land D in Jin-gun, Jin-gun (current address: Jin-si E was made through a land development project as of June 27, 2012, after the date of the crime).

“Conclusion of a contract to sell real estate and obtain the authority to receive the purchase price, and enter into a contract to sell the said real estate to F in KRW 1.3 billion, from that time to November 30, 201, which received KRW 500 million from buyer F in total nine times in the name of the purchase price from buyer F and kept it for the victim. Around that time, a part of the real estate was paid to G in terms of loan, and used KRW 22 million as personal living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against G and the accused;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes to court rulings (Seosan-do 2016, 50190, etc.), copies of passbooks in F name, proxy copies, real estate transaction contracts, remittances, transaction details of post office accounts in the name of a suspect, details of accounts in H name transaction, investigation reports (in addition to copies of donations, etc.);

1. The circumstances that are favorable to the reasons for sentencing the punishment of imprisonment: (a) the amount of damage, out of the amount of damage, has been repaid in excess of KRW 18 million; (b) the amount of damage is more than KRW 100 million; and (c) the amount of damage has not been recovered most even after a considerable time has passed from the date of the crime; and (d) the punishment shall be determined as ordered in light of all the conditions for sentencing, including the above circumstances and the defendant’s age, sex, environment, relationship with the victim, circumstances leading to the crime, etc.