A defendant shall be punished by imprisonment with prison labor for up to six 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 October 15, 2013, the Defendant concluded a lease agreement between the lessor, the lessee of the Korea Land and Housing Corporation, and the third party occupying the Defendant on the real estate, with the following terms: (a) the lease period from November 4, 2013 to November 3, 2015; (b) the deposit amount of KRW 47,500,000, out of KRW 50,000, out of KRW 50,000, out of KRW 50,000, and the Defendant paid the amount of KRW 2,50,000.

After the real estate lease contract was terminated on March 9, 2016, the Defendant embezzled KRW 47,826,220 of the deposit amount to be returned to the Korea Land and Housing Corporation from the injured party on or around March 9, 2016 by arbitrarily using the deposit amount for personal debt repayment, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The head of a complaint, a real estate lease contract, the details of perusal by the transfer household (including a person living together), the payment of deposit money at the time of the contract, the details of deposit, the notification of termination of the contract and request for return of deposit money of lease on a deposit basis, a decision of provisional seizure, a written decision on provisional seizure, an investigation report

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for the instant crime of sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered favorable circumstances among the reasons for sentencing) is that: (a) while the victim has been kept in custody for a victim of KRW 47,826,220, the balance of the deposit to be returned to the Korea Land and Housing Corporation; and (b) the said crime was embezzled by using it at his/her own discretion; and (c) the nature of the crime

However, it is more favorable for the defendant to recognize the facts charged, the fact that the defendant returns most of the deposits to be returned to the Korea Land and Housing Corporation, the victim does not want to punish the defendant, and the defendant is the first offender who has no record of criminal punishment.