A defendant shall be punished by imprisonment for six months.

However, 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

1. The Defendant was delegated with the above E701 rental and management duties from the owner F in heading 701 of E E 701 during Ansan-si to a person who had worked as a brokerage assistant at the D Licensed Real Estate Agent Office of the 1st floor of the building in the Gu C building during Ansan-si.

On March 1, 201, the Defendant issued a request to keep the said E 701 deposit amounting to KRW 150 million from the victim on April 1, 201, with the consent of the victim, by suggesting that “The above E 701, which is considered as a whole, has been frighted to purchase the said H 1205,” to the victim G residing as the lessee of the E 701 in the above office for the first time in Ansan-si. The Defendant received the request to keep the said E 701 deposit amount of KRW 150,000,000 from the victim, which shall be returned to the victim.

The Defendant, from March 10, 201 to March 31, 2011, kept for the victim KRW 150 million of the deposit received from the new lessee referred to in the above E E 701, and embezzled at will by using KRW 20 million for personal purposes, such as costs of public auction and successful bid, around that time.

2. Around 12:00 on April 1, 201, the Defendant: (a) stated that “a victim G is free to lend KRW 20 million at the J restaurant located in Ansan-si, Seoul; (b) during Ansan-si, the deposit for lease on a deposit basis (H 1605) is KRW 100 million; and (c) the new lessee will receive a refund of the deposit for lease on a deposit basis, as entered by the new lessee.”

However, in fact, the above H 1605 did not receive any deposit from the Defendant, and even if the Defendant borrowed money from the victim, he did not have any intent or ability to repay it.

As such, the Defendant, by deceiving the victim, obtained KRW 20 million from the victim as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

1. The Criminal Act among concurrent crimes.