A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

From August 2009, the Defendant operated the “K skin Management Office” as a building owner L and the same business. From June 2010 to June 1, 2010, the Defendant settled a partnership with L, and the Defendant independently operated the said skin Management Office.

On July 2010, the Defendant promised to deliver L's premium of KRW 50,000,000 to the victim I in the course of subleting the skin management room to the victim I, while receiving KRW 50,000,000 from the victim, and embezzled the Defendant's premium of KRW 70,164,050, including KRW 20,000,000,000, in total, from August 2, 2010 to November 9, 2010 as indicated in the date and amount of custody, including the date and amount of custody, from around 11, 201.

Summary of Evidence

1. A witness I and each legal statement in L;

1. Each prosecutor's statement concerning I and L;

1. A complaint filed by I;

1. Details of passbook transactions, notarial statement, notarial deed, and each commercial lease contract;

1. Each investigation report (organization of remittances of victims, request for appraisal, arrangement of remittances of victims, and specification of transactions);

1. Application of the Acts and subordinate statutes notifying the results of documentary appraisal;

1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (Selection of Imprisonment or Imprisonment);

1. The reason for sentencing under Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning the Dismissal of Application for Compensation Order, etc., the Defendant, after taking over the skin management office from L from L, paid a full amount to L as the acquisition price, and there remains a dispute over L and the acquisition price to be additionally paid for L and the acquisition price.

Even if it was anticipated that the amount would not be much, the defendant is not in the position to deliver the amount received from the victim I to L.