A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant, from August 2010 to December 2013, 2013, is a person entrusted with the management of the instant building and the lease thereof by the victim, who is a manager of the studio C (hereinafter “instant building”).

The Defendant, while engaging in the management of the instant building, received deposits and monthly rents from tenants of the instant building from the tenants of the instant building, and had them suffered economic difficulties while keeping them for the victim, did not pay the said money for personal use.

On February 17, 2012, the Defendant entered into a lease agreement with the lessee D on the instant building No. 5, and transferred the rent of KRW 4.5 million to the G Union account (H) in the name of F, his/her father, and used it for personal purposes, such as hospital expenses and living expenses. From around that time to December 31, 2012, the Defendant used KRW 30,700,000 in total for 16 personal purposes, such as hospital expenses and living expenses, as indicated in the list of crimes, from around 16 times to December 31, 2012.

Accordingly, the Defendant embezzled total of KRW 30,700,000, such as deposit, etc., which was in business custody for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to details of deposits, certificates of confirmation, lease agreement, full certificates of registered matters, copies of text messages, and details of transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [the type of embezzlement and breach of trust] shall be limited to the amount of less than KRW 100 million [the type 1] of embezzlement and breach of trust: