A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 28, 2011, the Defendant entered into a contract with the victim C on September 28, 201 to sell the land located in Yong-gu, Chungcheongnam-gun, Kim Young-gun, Inc. owned by the said company to KRW 230 million.

The victim received a loan from the above land as collateral and paid the purchase price to the defendant, and paid 31 million won as deposit at Changwon District Court on September 28, 201 in order to cancel provisional seizure (the creditor E and claim amount 31 million won) established on the above land.

Although the Defendant would have received KRW 190 million from the victim as a purchase price due to the payment of the above amount of deposit at sea, the Defendant received KRW 260 million from the victim as a security on September 29, 201, the Defendant paid KRW 200 million to the bank account of the corporation B, including up to KRW 31 million, because the said land was owned by a corporation, and received KRW 230 million from the bank account in the name of the corporation B on the same day.

The Defendant, on September 29, 201, embezzled the above KRW 31 million for the purpose of returning to the victim, among the above KRW 230 million for the victim, using the above KRW 31 million for the purpose of repaying the victim’s debt.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (Consideration of agreement after repayment of damage);