A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 6, 2013, the Defendant was requested to return the lease deposit amount of KRW 50 million from E who leased the studio to the victim D at the C real estate office operated by the Defendant in Ansan-si, Ansan-si.

If so, the defendant paid KRW 50 million to the victim as delegated by the lessor E, but the defendant falsely speaks that "the owner of his/her house has no cash with the marriage fund for his/her father's marriage, so that the amount of KRW 20 million may be reduced to November 14, 2013" may be reduced to KRW 20 million until November 14, 2013, the defendant prepared a cash custody certificate containing "the purport that the defendant will keep until November 14, 2013."

However, in fact, the Defendant embezzled and consumed the full amount of KRW 50 million received from F from April 14, 201 to August 20, 2012 as the cancellation price of the right to collateral security. The Defendant had no specific property at the time, and had no intention or ability to provide 20 million won until November 14, 2013 to the victim, such as the situation in which the payment was revoked and returned again to E as the refund price of the deposit for lease to other lessees before the said lessor E, and the said lessor had been consumed for the personal purpose.

Nevertheless, the Defendant, at the same time and place as above, issued a receipt stating the purport that the Defendant prepared a cash custody certificate to the victim and received KRW 50 million from the victim, and acquired the pecuniary benefits that were deferred until November 14, 2013 by the due date for payment of KRW 20 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Investigation report (to telephone conversations with a complainant, and to deception of a suspect);

1. A report of investigation (materials replyed to public documents related to a suspect's property A), and certified copy of the register;

1. The investigation report (in relation to the income of a suspect, the materials on reply to the official document of Ansan-do Office) and the criteria on May 6, 2013.