Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 20, 2017, the Defendant entered into a loan agreement with the victim company and transferred the claim for return of the lease deposit amount of KRW 2.5 million out of KRW 170 million, which the Defendant acquired against the lessor B, to the victim company in the future Cred loan office located in 85-gil 13, Gangnam-gu, Seoul, Seoul.

After that, on April 26, 2017, the Defendant received a refund of KRW 170 million from the above B, and consumed personal debt repayment and living expenses, etc. while being kept for the victim company.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written petition, a contract for lending and borrowing of money, a contract for transfer of leasehold deposit, and a notice on transfer of claims;

1. Application of Acts and subordinate statutes to a tax charter contract for officetels transfer, or a certificate of deposit transaction;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1488, Apr. 1, 2007; Supreme Court Decision 2008Do1329, Apr. 2, 2007)