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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant: (a) on January 23, 2009, leased the housing of Yeongdeungpo-gu Seoul from the lessor D with a deposit of KRW 15 million; (b) on July 13, 2009, the Defendant succeeded to the lessor’s status, and (c) on July 13, 2009, changed the contractual terms into deposit of KRW 70 million and monthly rent of KRW 350,000,000; and (d) on December 2017, the lessee who resided in the said

On July 28, 2009, the Defendant transferred to the victim a claim for the return of deposit amounting to KRW 78 million for the lessor E in order to repay the obligation to repay the amount of 78 million investment in the victim F at the residence of the above Defendant, but did not notify the lessor E of the transfer of the claim.

After that, on December 22, 2017, the Defendant renewed the lease contract every two years, and subsequently embezzled the lease deposit after deducting monthly rent and expenses from E after the termination of the lease contract on December 22, 2017, and received refund of 57,500,000 won, which was kept for the victim, and arbitrarily used it for personal purposes, such as the lease deposit of the house to be transferred by the Defendant for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A housing lease contract, lease contract, and statement of settlement;

1. A certificate of all registered matters (G);

1. The loan certificate;

1. A certificate of transfer of bonds;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim F telephone call), investigation report (person Elecommunications with a witness);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The basic area (from April to January 1) of the sentencing criteria shall be the scope of the recommended punishment [the scope of the recommended punishment] (the scope of the punishment shall be less than 100 million won) of the basic area (no person subject to special sentencing];

2. The Defendant: (a) received money from the victimized party by selling the commercial building in lots; and (b) received money from the injured party; and (c) transferred the right to refund the deposit for the lease of an apartment that he/she had resided.

Nevertheless, it is not appropriate.