A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

On August 27, 2007, the Defendant: (a) transferred the leased claim amounting to KRW 30 million to the victim C for the commercial buildings of the F1st floor in Busan Metropolitan City; and (b) notarized the notification of the assignment of claims.

The Defendant received KRW 17 million on December 6, 2012 from the lessor who was transferred the leased deposit after deducting KRW 10 million from the monthly rent of KRW 17 million among the leased deposit without notifying the lessor of the assignment of the claim, and embezzled KRW 20 million on the part of the police officer in the same month after receiving KRW 3 million as a check, and kept the sum of KRW 20 million on the part of the victim, on the part of the Defendant’s debt repayment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of notarial deeds on debt repayment contracts, agreements, and copies of passbooks Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Considerations of two types under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (in light of the fact that the authentication of debt payment contract is already made between the accused and the applicant for compensation, it is unreasonable to issue an order for compensation in criminal proceedings);

1. The range of recommended punishment based on the sentencing guidelines: The scope of recommending punishment that no person shall be punished by imprisonment for less than 100 million won: Provided, That where he/she is not embezzlement or breach of trust in the course of performing his/her duties for four months or one year and four months (basic area): Where he/she is not punished by embezzlement or breach of trust in the course of performing his/her duties for a period of four months or more to one year and four months (where he/she is not punished by breach of trust), he/she shall comprehensively compare and evaluate the grounds for suspension of execution - Where he/she is punished by embezzlement: Not agreement - Where the amount of substantial damage is considerably small: Where the amount of actual damage is considerably small: Where the purpose, such as basic livelihood and treatment expenses, clear social relationship, serious radius, absence of criminal records of suspension of execution, or where the detention of a defendant's dependent is excessive difficulty;

2. The circumstances of the accused that there is no previous conviction of the further consideration.