A defendant shall be punished by imprisonment for a term of one year and ten months.

Punishment of the crime

On July 29, 2011, the Defendant entered into a contract to sell five parcels of land, other than D’s E and F, G, which was delegated by the victim D at the office of the Gyeonggi-do Yang-gun C Licensed Real Estate Agent, to H (representative director I) for KRW 7,30,000,000. On the same day, the Defendant received down payment of KRW 100,000,000 from the buyer, and then delivered the down payment and intermediate payment to the victim around September 201.

However, around October 19, 201, the Defendant was in custody of the victim with payment of KRW 245 million, which is part of the remaining 3.3 million from the buyer’s balance as the Defendant’s account and was in custody for the victim. On November 28, 2011, the Defendant wired KRW 70 million to the Defendant’s account of the victim’s ASEAN; around that time, the Defendant arbitrarily remitted KRW 175 million to the Plaintiff’s ASEAN for personal investment or used it for the cost of living; around May 16, 2012, the remainder of KRW 85 million from the buyer’s remainder after receiving KRW 35 million from the buyer for the victim; around May 17, 2012, the Defendant wired KRW 5 million to the victim’s account; and around May 17, 2012, KRW 50 million,0000,000,000 to the Defendant’s personal logistics or 2.5 million, using it as the investment expense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes to the detailed statement of transaction in a passbook (the investigative record No. 2, No. 64 pages);

1. The pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act’s applicable provision on criminal facts and the applicable provision on the selection of punishment provide that the amount of profit for sentencing is KRW 220,500,000,000,000 for this case’s crime falls under the basic area of the crime of embezzlement and breach of trust as prescribed in the sentencing guidelines, and thus, the scope of sentence recommended to the Defendant is

The Defendant, prior to the instant crime, embezzled the proceeds of real estate trade in his custody, and sought a letter from the investigative agency to the F, stating the embezzlement on the part of the victim’s children, and sought a letter from the investigative agency.