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

Punishment of the crime

On November 27, 2010, the Defendant entered into a lease agreement with the name of the lessee E as “120 million won for rent, monthly rent of KRW 100 million, and January 3, 2013 due to the lease term,” and paid KRW 120 million to C as the lease deposit from January 8, 201 to January 8, 201, and had the obligation to return the lease deposit to C.

On March 12, 2012, the Defendant: (a) received delegation from the above E in order to repay the debt amounting to KRW 150 million to the victim F and the victim G at the coffee specialty store near the Seoul Southern District Prosecutors’ Office located in Yangcheon-gu Seoul Metropolitan Government; (b) did not notify the victims of the transfer of the claim; (c) did not transfer the lease deposit amount of KRW 120 million to the victims; and (d) returned the said lease deposit from the victims to December 2, 2012, the Defendant agreed to use the remainder as the lease deposit for the newly leased apartment, and transfer the lease deposit to the victims the lease deposit amount of KRW 30 million to the new lessee.

However, the defendant did not have the intention or ability to observe the agreement even if he agreed as above.

Nevertheless, on February 15, 2013, the Defendant, at the “I Licensed Real Estate Agent Office” office located in Yeongdeungpo-gu Seoul Metropolitan Government, had E receive KRW 100 million of the lease deposit returned by the said C, and had E receive KRW 100 million of the lease deposit for the victims, and had the victims pay the lease deposit for the newly leased apartment around that time.

Accordingly, the Defendant embezzled the victims' property of KRW 100 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the suspect interrogation records of the defendant by prosecution;

1.Each prosecution of E and C.