A defendant shall be punished by imprisonment for not less than eight 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

On October 2005, the Defendant received KRW 150 million from the Victim C to operate a restaurant under the trade name of “E” from that time, from that time, and obtained the consent of the victim on September 2007, by stating that “If the victim demanded the return of investment money around September 2007, the Defendant borrowed KRW 150 million in the name of the party, instead of returning the investment money, he shall prepare the lease contract in the name of the party and make it a security for the loan and pay KRW 2 million in the operating profit as interest every month.”

Accordingly, on October 1, 2007, the victim entered into a lease agreement with the lessorF and the above restaurant in the name of the victim with the deposit amounting to KRW 150 million and the contract period from October 1, 2007 to October 1, 2009. Thus, the defendant has the duty to preserve the collateral value of the above deposit provided as security for the victim.

Nevertheless, on October 1, 201, when the above lease contract was renewed once and the period expired, the Defendant entered into a new lease contract in the name of the lessor F and the Defendant’s Dong G, and reduced the deposit to KRW 80 million, and the deposit amount to KRW 40 million out of the difference of deposit amount to KRW 70 million shall be deducted from the overdue rent, and the remainder of KRW 30 million was returned from F.

As a result, the defendant in violation of his duties acquired the difference of deposit 70 million won, and caused the victim to suffer the same amount of damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes of each lease contract;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria [Determination of Sentencing] Type 1 (less than KRW 100 million) (Special Sentencing) (Special Sentencing) - The mitigated element of mitigation [Determination of the recommended sphere] mitigated range of mitigation [the scope of recommendation range] from January to January.