A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 15, 2007, the Defendant purchased the land from the Sc apartment in front of the Dong-gu Incheon Metropolitan City C apartment court, and received a request from the victim for the purchase of real estate from the victim D, “The Defendant may purchase the land in Jung-do Jung-gun E, Gangwon-do, with a large amount of profit from the purchase, and it can purchase and operate a small amount of dust from the purchase of real estate. It is possible to purchase and operate the land with a small amount of money of KRW 30 million as the purchase price of real estate.”

From the 17th to the 18th day of the same month, the Defendant transferred KRW 20 million to the Defendant’s account as the down payment, and received KRW 28 million as a check before the National Bank located near the Nam-gu Incheon Metropolitan City, and stored for the victim, the Defendant embezzled KRW 28 million for personal use at around that time by consuming the Plaintiff’s entertainment expenses, etc. in Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the receipt statute

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

1. A suspended sentence of imprisonment is to be imposed in consideration of all the sentencing conditions, including the fact that the defendant in the reason for sentencing under Article 62(1) of the Criminal Act led to the confession of the crime in this case and that the victim does not want the punishment of the defendant, that there was no record of criminal punishment for the same crime, and that there was no age and environment of the defendant, etc.

It is so decided as per Disposition for the above reasons.