A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From around May 2012, the Defendant: (a) leased part of the E industrial company in Young-gu, Suwon-si; (b) operated automobile sales and painting business; (c) from around May 201, the victim F paid the above D a deposit amount of KRW 60 million to the said D; and (d) leased part of the said industrial company to operate the small automobile maintenance business.

On March 2013, the above D sold the industrial company around March 2013, and the defendant and the victim also left the industrial company. While the defendant was delegated the right to collect the lease deposit, the victim received 60 million won from D in lieu of the lease deposit to be returned from D, the defendant was delegated the right to collect the lease deposit from the injured party.

On April 18, 2013, the Defendant received and stored 60 million won of the victim’s leased deposit through a bank deposit account in the name of Defendant G employee G from Defendant D, and then embezzled 50 million won of the victim’s leased deposit at around that time by using the Defendant’s personal debt and credit payment.

Summary of Evidence

1. Statement of the defendant in the fifth public trial records;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to an agreement, letter of agreement, power of attorney, letter of certification, copy of passbook, recording;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 1 (less than KRW 100 million) basic area (from April to January 1) (no person subject to special sentencing)

2. Considerations, such as the fact that the amount of embezzlement determined to be sentenced is not substantial, that the defendant led to the confession of the instant crime, that the defendant is against himself, and that the victim paid KRW 10 million to him;