A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 29, 2017, the Defendant transferred KRW 100,000 to the victim the lease deposit claim for the “DPC room” located in Gwangju Mine-gu C and the fifth floor, which the Defendant leased and operated, in order to secure the obligation of KRW 50,00,000.

In this regard, the Defendant received KRW 14,462,90 from the lessor Co.,, Ltd., the above “DPC room” that was aware of the transfer of the above claim and received KRW 14,462,90 after deducting the unpaid monthly rent, etc. from KRW 100 million around June 26, 2018, and stored for the victim at his own discretion in Gwangju.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A commercial lease agreement, a security agreement for transfer, a bond transfer agreement, and a credit transaction agreement;

1. A certificate of remittance confirmation;

1. Details of account transactions and the application of Acts and subordinate statutes to report on investigation (amount of damage);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment [the scope of the recommended area and the scope of the punishment] and the basic field of the embezzlement and breach of trust [the type 1] and the amount of less than 100 million won [the person subject to special sentencing]; four months through one year and four months.

3. The defendant's decision of sentencing is against the defendant's recognition of the crime of this case, the defendant's repayment of the borrowed money from the injured party to the recent years, there are some circumstances to consider the circumstances leading to the crime of this case, and there are no records to punish the defendant, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, shall be comprehensively considered.