The defendant shall be punished by imprisonment with prison labor for one year, and a fine of KRW 1,00,00 for the second crime as stated in the judgment, respectively.

Punishment of the crime

On June 22, 2011, the Defendant was sentenced to four months of imprisonment for fraud and two years of suspended execution at the Seoul Southern District Court, and the said judgment became final and conclusive on the 30th of the same month.

[2013 Highest 1137] The Defendant was delegated with the authority of the victim C to enter into a lease agreement with 303, Dabae-Gu, Yecheon-gu, Yecheon-gu, the victim owned, and entered into a lease agreement with the lessee from November 6, 2009 to November 27, 2013 on behalf of G and the victim, who is the lessee, at the F Authorized Brokerage Office located in Yongsan-gu, Yecheon-gu, Yecheon-gu, Seoul, and the monthly rent shall be KRW 40,000,000,000.

1. The Defendant, on November 6, 2009, embezzled money of KRW 30 million, among deposit 40 million, received KRW 4 million from G around November 6, 2009, which is the date of the contract, and received a balance of KRW 36 million on November 28, 2009, and stored for the victim a sum of KRW 46 million on or around November 28, 2009, and consumed KRW 30 million out of KRW 40 million for personal purposes, such as the amount of new construction of multi-household house owned by the Defendant in Seoul H, at a place where the location is unknown around that time.

2. Around December 28, 2010, the Defendant continued to embezzled KRW 9.5 million out of monthly rent of KRW 3.2 million, and the Defendant received monthly rent from G to the account of a national bank in the name of the Defendant under the above lease agreement, and thereafter, deposited KRW 3.2 million in total from G, a lessee, on behalf of the victim, until July 6, 2011, and used the same for personal purpose, such as the amount of new construction of multi-household house owned by the Defendant in Seoul H, which was 9.5 million out of the above 3.2 million won at a place where the location cannot be known at that time.

Accordingly, the Defendant arbitrarily consumed 30,950,000 won, which was kept for the victim, and embezzled 33,200,000 won.

[2013 Highest 4607]

3. The Defendant’s fraud, around 09:50 on May 3, 2010, to the victim I at a national bank located in the Gangseo-gu Seoul Metropolitan Government Gangseodong.