A defendant shall be punished by imprisonment for six months.

However, 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

From around 2017, the Defendant has invested money in C which operates the wholesale and retail direct sales outlet in Korea with the father of the victim B and has known to the victim.

On the end of May 2019, the Defendant transferred the name of the business operator and lessee to the victim who operates the F cafeteria from the first floor of Pyeongtaek-si building E, which read, “A loan of KRW 2,00-30,000 as start-up funds in the name of the F cafeteria and lessee due to good credit transfer to B, and divided it into use.” However, the Defendant transferred the name of the business operator and lessee in the name of the business operator and lessee, but did not receive the loan due to the lower credit rating of the Defendant.

Accordingly, in June 2019, the Defendant obtained the consent on the transfer of the right of lease from the victim by stating that “The Defendant transferred the F cafeteria to use the F cafeteria and received half premium in installments.”

On June 12, 2019, while receiving KRW 11,50,000 as the premium from a new lessee G and being kept for the victim, the Defendant embezzled the victim’s property by denying a request from the victim for remittance of KRW 5,750,00,00, which is half of the premium from June 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to a business registration certificate (F), a real estate lease contract (building owner and complainant), a real estate lease contract (monthly lease contract), a real estate owner, a suspect, a real estate lease contract (monthly lease contract), a confirmation document (building owner and G), and a building ownerH;

1. Relevant Articles 355 (1) and 355 (2) of the Criminal Act, the choice of imprisonment with prison labor;

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

1. The crimes of the defendant are heavy considering the fact that the defendant has a past record of being sentenced to stay of execution of imprisonment due to fraud, etc., for the reason of sentencing as prescribed in Articles 32(1) and (2), and 25(3)3 (the scope of liability for compensation is unclear) of the Act on Special Cases concerning the Promotion, etc. of Application for Compensation Order;

(b).