A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On April 2, 2008, the Defendant arranged a housing lease agreement with the lessor as the victim F and lessee G in relation to the “D Licensed Real Estate Agent” office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongbuk-gun, with respect to E apartment No. 302, 1206, and received delegation from the victim of the right to receive the deposit money for lease on a deposit basis.

Since then, the Defendant received full-time balance from G on April 8, 2008 and kept the Defendant for the victim, and then embezzled only the above 60 million won by arbitrarily using the Defendant’s personal debt repayment, etc. around that time. On the 16th day of the same month, the Defendant embezzled only the above 10 million won by using the Defendant’s personal debt repayment, etc., and embezzled only the above 60 million won for the Defendant’s personal debt payment, etc. on the 60th day of the same month, stating that “If the Defendant sent to G with the fact that he received 10 million won as a down payment, he would be paid to G as well as 60 million won to the two companies, which are the execution company of the above apartment, as the parcelling-out price paid to G.”

Accordingly, the defendant embezzled 70 million won stored for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The police suspect interrogation protocol of H;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes on complaint and receipt;

1. Relevant Article 355(1) of the Criminal Act concerning facts constituting an offense, and Article 355(1) of the Criminal Act choosing a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The amount of embezzlement is not less than KRW 70,000,000, and the circumstances favorable to the defendant committed embezzlement by taking advantage of his/her status based on the trust as a real estate intermediary: The defendant is dead and reflected, the primary offender is the defendant, the damage is considerably recovered, and other records are recorded in the records.