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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. Around February 10, 2011, the Defendant: (a) made a victim E (n, 67 years of age) to borrow 652 square meters of the Pyeongtaek-si site in F’s name (hereinafter “real estate of this case”) as security at the D office located near Seongbuk-gu Seoul Special Metropolitan City, Sungnam-gu around February 10, 201; (b) made the victim borrow 40 million won of the G-si site in F’s name (hereinafter “real estate of this case”); (c) 388 million won, subtracting 1.2 million won from the prior interest, to the new bank account in the name of the Defendant; and (d) kept the victim for the sake of the victim, the Defendant paid 13 million won to the same victim (including one million won of the cost of establishing a mortgage) and embezzled the remainder of 25.8 million won by means of voluntary consumption of personal debt, etc.

2. Around April 25, 2011, the Defendant embezzled the instant real estate, which was located in Suwon-siJ on April 25, 2011, and in the same manner as in paragraph (1) above, had the victim borrow KRW 100 million to L as security, and received KRW 49.5 million from L, and paid the remainder to the victim KRW 20 million, and embezzled the remainder by arbitrarily consuming the Defendant’s personal debt repayment, etc. around that time while keeping the victim for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the record in the E statement);

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Article 62(1) of the Criminal Act] 1 type of embezzlement [the scope of recommending punishment] 1 month - 10 months / 10 months / [the sentence of sentence] 8 months (the fact that the defendant reflects his/her nature, the recovery of damage caused by his/her nature, the circumstances leading up to the crime, the amount of embezzlement, and the fact that there are no special criminal records other than those subject to punishment once sentenced to a fine] (whether the suspended sentence of sentence of imprisonment has been imposed] (Article 62