A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 18, 2012, the Defendant: (a) at the “DKacium” operated by the victim C in the Seongbuk-gu Daejeon Metropolitan City, Daejeon; (b) on the ground that the Defendant would purchase three parcels of land, such as the Fate 1769 square meters, from among E-type E-types owned by the Defendant; (c) received KRW 50 million from the victim as the down payment and intermediate payment; and (d) paid it to G, the general secretary of the said clan.

After that, the above purchase has not been promoted properly due to the conflict of opinions within the above clans, the defendant was refunded KRW 20 million from the above G around February 23, 2012 and was kept for the victim, and voluntarily consumed the purchase of the above real estate for the purpose of personal debt repayment, etc. around that time. On August 17, 2012, the defendant waived the purchase of the above real estate and returned KRW 20 million from the above G and kept the victim for the victim, then he remitted the money to the defendant-friendly job-friendly broker J, a construction company, in the Jung-gu Daejeon Metropolitan City, Jung-gu, Daejeon, to be used for the business fund, and voluntarily consumed for the personal purpose. around March 16, 2013, the defendant returned KRW 10 million from the above G and returned KRW 5 million to the victim on March 19, 2013 and returned KRW 5 million to the victim on a voluntary basis due to the consumption of the remaining KRW 5 million.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statements (includingC statements) of each police interrogation protocol against the accused;

1. Statement by the prosecution against C;

1. Each police statement of C, K, G, and L;

1. A complaint;

1. A copy of a real estate sales contract;

1. Copy of the loan certificate;

1. Copies of cashier's checks;

1. Full certificate of registered matters;

1. A copy of a bankbook;

1. A certificate;

1. Each letter;

1. Application of Acts and subordinate statutes to an investigation report (to hear the J phone statement of a witness);

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 355 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of punishment by sentence: Imprisonment for one to five years;

2. The scope of the sentence recommended on the sentencing guidelines [type of crime] embezzlement and breach of trust, and less than KRW 100 million [Determination of the scope of sentence].