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Defendant shall be punished by imprisonment for a term of one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant of "200 Senior 12" shall pay 300,000 won per month to a certified judicial scrivener B, and has lent the certificate of registration of a certified judicial scrivener from B to perform various registration affairs under the account of the defendant.
1. Around May 23, 2019, the Defendant was delegated by the victim medical corporation C to apply for registration of initial ownership of a new building D and one parcel of land from the victim medical corporation, and embezzled KRW 96,856,260,00 from the victim legal entity on or around the 31st of the same month, using KRW 21,422,870 on the same day for the purpose of paying registration tax of another person, while he/she received deposit of KRW 96,856,260 from the victim legal entity in the name of E bank account (F) and kept the above money for the victim legal entity. From around that time to June 12, 2019, the Defendant embezzled the amount of KRW 21,422,870 on the same day for the purpose of paying registration tax of another person, such as the payment of registration tax of other person, debt, monthly payment, living expenses, etc.
2. A certified judicial scrivener who violates the Certified Judicial Scriveners Act shall not lend his/her registration certificate to other persons, and no person shall lend his/her registration certificate;
Nevertheless, the Defendant borrowed the registration certificate of a certified judicial scrivener from B on the condition that he pays KRW 3 million per month to a certified judicial scrivener, and performed the duties of a certified judicial scrivener by delegation of the application for registration of preservation of ownership of a new building located in D and 1 parcel from a medical corporation C, such as paragraph (1), around May 23, 2019.
The Defendant, at around 15:36 on November 6, 2019, received the advance payment of KRW 5,482,829 from the Seoul Central District Court J real estate J in the process of compulsory auction by the victim at a non-place at Seoul Central District Court on November 6, 2019, from the E-bank account (F) that he/she managed and kept for the victim, and used it at his/her own discretion by using it as the personal debt, etc.