Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

The defendant was a former director of a certified judicial scrivener, who was the victim C, involved in the registration of the D land and the above ground building (hereinafter referred to as this case's real estate) in Seongbuk-gu, Sungnam-gu, where the victim C purchased.

The Defendant received 70,000,000 won in total from March 4, 2014 to April 21, 2014 from the victim to the passbook in the name of the Defendant from around March 4, 2014.

After that, the Defendant: (a) 50,000,000 won out of the above KRW 70,000 on the part of the seller; (b) 5,775,870 out of the remainder of KRW 20,000,00,000 on the part of the seller; (c) 2,775,870 on the part of land and housing-related taxes were paid as taxes, and paid as taxes, and kept the remainder of KRW 11,112,224,130 on the part of the victim, but refused to return without justifiable grounds.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The Defendant’s partial statement asserts to the effect that he did not have the intent of embezzlement even though he/she acknowledged the duty to return KRW 2,224,130. However, even if he/she did not take measures for return even after the considerable period of time has elapsed since he/she received the request for return, and in particular, if the victim does not confirm the details of the specific expenses and does not demand the return, the Defendant appears to have the intent to cancel the remaining amount. Therefore, the intent of embezzlement is recognized

1. Partial testimony of the witness C;

1. A complaint, a real estate transaction agreement, and a letter of undertaking;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

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

1. Selection of an alternative fine (a fine shall be imposed in consideration of the failure to take measures for return);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The defendant, who was the chief of a certified judicial scrivener office, is the victim C's land and above ground buildings (hereinafter this case's real estate) at the time when the victim C purchased.