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

From May 17, 2012, the Defendant was a person who operated a victim B Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) for the purpose of real estate sale, construction, etc.

On March 2017, the Defendant agreed with Pyeongtaek-si D and two parcels (hereinafter “instant real estate”) in relation to the purchase and development of the instant real estate (hereinafter “instant real estate”). According to the said agreement, C agreed to bear KRW 20 million as the provisional contract amount related to the sale and purchase of the instant real estate and KRW 15 million as the incidental expenses necessary for the instant real estate development.

On March 31, 2017, at the F Licensed Real Estate Agent Office located in Pyeongtaek-si, the Defendant entered into a provisional contract with G to purchase the instant real estate in KRW 776,500,000 with the victim company. Using the investment money deposited by C in the account in the name of the victim company pursuant to the said contract, the Defendant paid KRW 15 million to G as the provisional contract deposit, and paid KRW 9 million on April 3, 2017 as the incidental expenses necessary for the development of the instant real estate. However, on September 5, 2017, the Defendant was directly paid KRW 15 million as the incidental expenses required for the development of the instant real estate, but was returned from G as the said real estate sales contract was terminated due to the nonperformance of the said G’s contractual obligations on September 5, 2017.

As above, the Defendant, upon the cancellation of a real estate sales contract, voluntarily consumed and embezzled the amount of KRW 20 million received from the above G and KRW 15 million as the incidental expenses related to the development of the said real estate, even though it is returned to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on a real estate sales contract, a partnership business contract, a receipt, a duplicate of check, and an account transaction details;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. As to Article 62(1) of the Criminal Act, the period of suspended execution shall be the same as that of the Criminal Act;