A defendant shall be punished by imprisonment for 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.

Punishment of the crime

The defendant is a person engaged in real estate consulting business, and the victim B is a company that has been engaged in the business of establishing solar power generation facilities in Gunsan City C, D, E, and F.

On June 20, 2018, the victim's director G was introduced to a person who, at the second floor coffee shop located in the Gunsan-si, concluded a land purchase contract with the owner of the above land, and received a written consent from the J that arranged the above land purchase and sale contract at the above date, time, and place to receive a written consent from the residents necessary to install solar power generation facilities.

The Defendant, at the above date and place, signed a document stating that “30 million won is the resident development fund that is to be paid in obtaining written consent from the residents in order to install solar power generation facilities, and KRW 20 million is to be used as the cost of using access roads with the cost of using access roads when obtaining written consent to use access roads,” and signed a document stating that “50 million won is deposited with the resident development fund and shall be returned to the purchaser when he/she refuses the development activities,” and received 70 million won from the victim’s account on the same day.

Of the money received as above, the Defendant arbitrarily consumed the expenses of KRW 30 million for personal use around that time while being kept for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect against each part of the defendant (including the G statement);

1. The prosecutor's statement concerning G;

1. Statement to the Prosecutor's Office (including the part concerning the G and K's statement);

1. Statement of each police statement to G and J;

1. The application of written answers to certification of contents, admission and withdrawal statement, written consent from residents, written confirmation, and Acts and subordinate statutes of the Republic of Korea;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;