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

Punishment of the crime

In 2007, the Defendant was the owner of small-si, small-si, small-si, and three lots Dotel and entered into a contract with the victim E, the implementer, and was engaged in the job of soliciting buyers and receiving the selling price from the buyer on behalf of the victim.

1. Around December 2007, the Defendant entered into a sales contract with H to the “G” brokerage office operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City for KRW 130 million with respect to the sales price of KRW 302,00,000,000,000,000 for the purchase price, and embezzled by using the said H as living expenses, etc. at will around that time while receiving KRW 15,00,000 from the said H as the sale price and being kept for the victim.

2. Around December 2007, the Defendant entered into a sales contract with 130 million won in the G'G' brokerage office operated by the Defendant in the Seoul Gwangjin-gu Seoul Special Metropolitan City for the purchase price of 303,000 won in the sale price of 130 million won in the sale price, and then embezzled 19,892,200 won in the sale price, August 4, 2010 (the amount actually deposited is KRW 19,892,200 in the sale price, or the amount actually received by the Defendant based on the settlement of the registration fee between the Defendant and I, and embezzled by using the living expenses, etc. at will around that time while working for the victim.

Accordingly, the defendant embezzled total sum of 40 million won of the victim's sale price.

Summary of Evidence

1. The defendant's partial statement (the fact that he/she received money);

1. Legal statement of E;

1. Each protocol concerning the examination of the accused by the prosecution (including the first, second, and second examinations of the accused);

1. E prosecutorial statement;

1. A contract for parcelling-out agency;

1. Details of transactions in each passbook;

1. Agreements following the transfer of ownership;

1. Application of statutes to each certified copy of the register;

1. Articles 356 and 355 (1) of the Criminal Act (as a whole, the price received from I shall be deemed to be imprisonment with prison labor) applicable to the crime;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are added.