A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who operates a restaurant in a commercial building owned by D, which is a ticket in the second floor in the Ssung City.

On April 18, 2012, the Defendant: (a) concluded a lease contract on behalf of the victim E and the victim F with the above building on behalf of the victim E and the above building; (b) concluded a lease contract on behalf of the victim E and the victim F with the above building; and (c) concluded a lease contract on behalf of the victim F with the intention that “it is liable for the payment if the Defendant entered into the contract with B at a monthly rate, and even with the permission on the terms of the contract, it is possible to deliver the deposit to the customer.” (c) written a lease contract and a contract for transfer and takeover of right with the victim F with the deposit amount of KRW 12 million,00,000,000 won, monthly premium of KRW 50 million, monthly premium of KRW 122,000,000 from the victim F.

On May 10, 2012, the Defendant: (a) received KRW 10 million from the victim E as premium and deposit; (b) prepared a promissory note on May 21, 2012 from the victim F to the victim F; (c) KRW 20 million from the victim F on May 22, 2012; (d) KRW 10 million from the victim E on May 22, 2012; and (e) received KRW 200 million from the victim F on May 22, 2012 to the Defendant’s account in the name of G; and (e) drafted a promissory note on KRW 40 million from the unpaid premium and KRW 50 million from May 18, 2012; and (e) received KRW 50 million from the victim F on May 22, 2012 to the individual owner of the building, without notifying the individual owner of the deposited money.

Accordingly, the Defendant voluntarily consumed and embezzled the victims of KRW 50 million in the name of the deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the whole part E, F, and D);

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to the commercial monthly rent contract, notarial deed, contract for the transfer of rights, and the details of deposit and withdrawal transactions;

1. Relevant provisions concerning facts constituting an offense;