A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 14, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on March 28, 2014 for violating the Act on the Registration of Loan Business, etc. and the Protection of Financial Users.

On November 25, 2009, when the Defendant entered into a lease agreement with the victim C and the victim D, Daegu-gu, Daegu-gu, which is owned by the victim, the amount of KRW 50 million shall be paid by the Defendant, and the remainder of KRW 46 million shall be supported by the Korea Land and Housing Corporation in accordance with the "Sae-Sae-Sae-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

After cancelling the above lease contract on October 2013, the Defendant was transferred to the Daegu Bank account in the name of the Defendant’s wife on November 11, 2013 and November 12, 2013, including the deposit amount of KRW 46 million to be returned to the Korea Land Corporation by the victim’s actual waterways, even though the Defendant was able to recover KRW 4 million from the injured party.

While Defendant was in custody of KRW 46 million for the victim as above, the Defendant embezzled by voluntarily consuming the Defendant’s living cost from November 13, 2013 to February 10, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transfer, a real estate lease contract, and an investigation report (Attachment of account details);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction of the disposition, and applying Acts and subordinate statutes to investigation reports (Attachment to a suspended sentence

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 of the Criminal Act: (a) the reason for sentencing under Article 39(1) [the scope of recommendations] set forth in Article 39(1) of the Criminal Act; (b) there is no basic area (from April to April 1) [the person who is subject to special sentencing] [the decision of sentence] - Unfavorable circumstances; and