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

Punishment of the crime

The Defendant had been engaged in the business related to real estate consulting prior to a person who operates a cafeteria, but was aware of in November 201, 201 in the light of the introduction of the land by the victim D, who became aware of the place of real estate investment.

The defendant shall provide the victim with the real estate E and 208 of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as "Eum")

It was introduced as an investment source to receive the monthly rent, and the victim was a resident in the U.S. at the time, and the defendant was entrusted with matters concerning the purchase of real estate in the above E-studio from the victim.

On November 9, 2013, the Defendant entered into a sales contract between the seller, a fixed number of franchi, and the victim, and received the down payment KRW 20 million from the damaged party and paid to the seller.

On December 26, 2013, the Defendant received a transfer of the intermediate payment of KRW 80 million from the injured party, and paid it to the seller as an intermediate payment. However, the Defendant arbitrarily used the intermediate payment for the purpose of investment in the restaurant operated by himself/herself without the consent of the injured party.

In addition, on March 11, 2014, the Defendant arbitrarily used the additional intermediate payment of KRW 20 million, which he received from the injured party, for the purpose of the investment funds in the restaurant operated by the Defendant. On May 7, 2014, the Defendant received KRW 10 million from the injured party as the remainder and fee and received KRW 8 million, excluding its share, from the injured party for the remainder and fee, and used it for the purpose of the investment fund, even though he paid the remainder to the seller for the remainder, the Defendant arbitrarily used it for the purpose of the investment fund.

Accordingly, the Defendant, as seen above, embezzled the sum of KRW 18 billion for the victim, using it at will while keeping it in custody.

Summary of Evidence

Each fact in the judgment

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made to the defendant in the protocol of interrogation of the suspect against the defendant (including D)

1. Prosecutions on D.