A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 30, 2007, the Defendant leased 165,000 won from September 20, 2007 to September 20, 2009, the Dongjak-gu Seoul Metropolitan Government E apartment 108 Dong 1702, which was registered under the name of the victim C and his children, as the lease period of 165,00,000 won. On September 5, 2007, the Defendant borrowed 85,000,000 won from the Geum Ho Life Insurance Co., Ltd., Ltd. to the Gold Life Insurance Co., Ltd. as a collateral for its loan obligations, and the Defendant agreed on September 20, 2009 to extend the lease period for one year with the victim and the apartment.

On March 20, 2010, at the G Licensed Real Estate Agent Office of Dongjak-gu Seoul Metropolitan Government F Apartment Building 116, the Defendant: (a) agreed on an apartment lease contract with the victim and ordered the apartment; (b) while the Defendant received the lease deposit amount of KRW 165,00,00 from the victim who thought that the Defendant would pay the loan to the Gold Life Insurance Co., Ltd.; and (c) while keeping the loan for the purpose of repayment, the Defendant embezzled the lease deposit amount of KRW 165,00,000 at his own discretion

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C, H and I;

1. An apartment pre-sale contract, an application for loan transaction, a credit transaction agreement, and a letter of guarantee;

1. Application of Acts and subordinate statutes on assignment contracts;

1. Article 355 (1) of the Criminal Code of the relevant criminal facts (Embezzlement and Imprisonment option) [the grounds for punishment] of the Criminal Code of the relevant criminal facts [the defendant is not explicitly entrusted by the victim who believed that the defendant would repay the loan to the Geum Ho Life Insurance Co., Ltd. which is the creditor, while keeping the money he/she has received from the creditor, the defendant has already received the money which is not authorized to receive from the principal, and the victim has already paid the deposit for the aforementioned purpose with the knowledge that he/she would repay it to the Geumho Life Insurance Co., Ltd., and thus, the defendant is the victim.