A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On January 29, 2019, the Defendant entered into a sales contract on behalf of the victim B who wants to purchase the land located in C, D, E, F, and G at the mother-dong office at a permanent domicile on behalf of the landowner. On January 30, 2019, the Defendant: (a) transferred KRW 5 million from the victim as the contract deposit for land sale and purchase and custody for the victim; and (b) used the money as the repayment of personal debt at around that time; and (c) used it as the repayment of personal debt, credit card payment, living expenses, hospital expenses, etc. at a total of five times from that time until June 3, 2019; and (d) used it as the personal debt repayment, credit card payment, living expenses, hospital expenses, etc. at around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to B of details of account transaction in the police statement, certificate of real estate registration, transfer statement, and land cadastre investigation report (verification of the contents of statement of a suspect and change of name of the crime);

1. Social service order under Article 62 (1) of the Criminal Act, including relevant Article of the Criminal Act and Article 355 (1) of the Criminal Act regarding criminal facts and Article 62-2 of the same Act concerning the selection of sentence;

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (where it is inappropriate to issue an order for compensation in criminal proceedings because the scope of liability for compensation is not clear by agreement with the victim);

1. Scope of punishment by law: One month to five years;

2. The scope of recommendations according to the sentencing guidelines (decision of type) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1], and the amount of punishment not exceeding KRW 100 million [Special Convict] [the scope of recommendations and recommendations], the reduction area of punishment [the scope of recommendations and recommendations], one month to ten months.

3. Determination of sentence: Imprisonment with prison labor for a period of ten months, and the amount embezzled by a defendant for 160 hours in the community service order shall reach 50,140,000 won.

Although the defendant granted time to recover damage to the defendant, the damage is significant.