A defendant shall be punished by imprisonment for two years.

Punishment of the crime

Along on April 11, 2006, D.S. Co., Ltd., the Defendant’s employees, entered into a sales agency contract with D, the developer of the “C” commercial building newly constructed on the land outside B and four parcels of land, and the victim Co., Ltd., the seller of the sale, and the Defendant has been in charge of the sales agency.

On June 8, 2007, the Defendant entered into a contract to sell the above commercial building Nos. 101 to 490,526,520 in the name of the victim company E in the sales office located on the first floor of the above building.

On June 8, 2007 and June 9, 2007, the Defendant received the down payment of KRW 49,052,650, and the intermediate payment of KRW 196,210,060 from E to the Defendant’s corporate bank account, and then remitted it to F, the representative of the victim company.

However, on July 27, 2007, the Defendant deposited KRW 195,263,00, out of the balance from E in the Defendant’s corporate bank account, and embezzled the remainder of KRW 50,000,000 from E by means of cashier’s checks for the victim’s company while being in the custody of the victim company for the personal purpose at that time.

Summary of Evidence

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a copy of a commercial building supply contract, a copy of full payment certificate, a copy of each written confirmation, and a copy;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for the sentencing of selective sentence of imprisonment [the scope of recommending sentence] and the fact that the basic area (one year to three years of imprisonment) of the type 2 (one hundred million won or more to five hundred million won) (one year of imprisonment] of embezzlement and damage recovery is not entirely made, etc., the punishment as set forth in the order shall be determined by taking into account the following: