A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 10, 2012, the Defendant concluded a lease agreement with the victim F to lease 1, 105, 200,000 won for 72 million won from LIG damage insurance (ju) on the same day and transferred the down payment to the victim on the same day, and paid the above 90,000 won to the said company by having the said company transfer the lease deposit to the victim.

around May 2014, the Defendant expressed the victim’s intention to cancel the above lease agreement at around 105 Dong 1, 2014, and requested the return of the above lease deposit to the victim and the same month from the victim.

9. A deposit of KRW 9 million, including KRW 9 million and KRW 81 million on June 10, 2014, was transferred to a national bank account under the name of the Defendant. As to KRW 72 million among the above security deposit, a pledge was established in the name of LIG damage insurance with the consent of the victim.

In such a case, the Defendant, while keeping KRW 72 million out of the deposit received as above, paid back to LIG damage insurance (owner) or returned to the victim for the victim, but at that time, arbitrarily consumed personal consumption and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Statement made by the prosecution with respect to F (including H’s statement);

1. The police statement concerning F;

1. An investigation report (a statement on the side of the LIG company);

1. Application of Acts and subordinate statutes to the apartment lease contract, the details of remittance of the amount of damage, written consent to the pledge, and advice on the return of lease deposit;

1. In light of the relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of sentence [the scope of recommending punishment] Type 1 (100 million won] (4 to 1 year and 4 months) basic area (4 months) (no person in special form] [decision of sentence] imprisonment with prison labor, the amount of damage for August 8 months exceeds KRW 72 million, and the damage was not recovered at all, etc., it is inevitable to sentence the Defendant as to the Defendant.

(b).