A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 2, 2012, the Defendant: (a) received a proposal from Da, which was known to the early police officer, that “If the Defendant lends the name necessary for business registration and the name of the head of Tong at the creditor bank, etc. to the gas station to be opened in Gyeonggi-do, the Defendant would be able to provide a certain amount every month for monthly salary”; and (b) accepted such proposal.

On the other hand, the victim D introduced C and the defendant from E who was aware of the usual place of view due to concerns over various disadvantages that may arise in the case of running a gas station business in his own name, and registered the business in the name of the defendant and operated a gas station by creating a bank passbook in the name of the defendant such as the National Bank.

On February 15, 2012, the victim D entered into a lease agreement with H, I, and the owner of the land of "F, G" in the name of the defendant on the ground that the defendant was called the "the head of the F, G, and the owner of the land in Gyeonggi-do," with the monthly rent of KRW 10 million from February 15, 2012 to March 31, 2013, and decided to sell the above gas station since the operation of the "J gas station" from February 24, 2012 and around June 2012.

Accordingly, the Defendant, as the operator of the gas station, was the party who entered into a direct lease contract with H and I, had the lessor bound to transfer the deposit money to the Defendant’s account, and had the lessor arbitrarily withdrawn the said money from the head of the Tong opened under his name and embezzled the said money by using the fact that the deposit money for the oil sale is deposited.

1. On July 23, 2012, when the Defendant, at the point of KB National Bank Square (K), at the time of Posido-dong 627-5, the Defendant was transferred 50 million won to the national bank account (K) account in the name of the Defendant at the time when the victim, who was the lessor of the gas station, at the point of the KB National Bank Square (KB-dong 627-5), he/she voluntarily withdraws 48.5 million won in cash and check and arbitrarily uses it, and without any justifiable reason, returned 1.5 million won in total.