A defendant shall be punished by imprisonment for two years.

Punishment of the crime

From Jun. 2010 to Apr. 2012, the Defendant, as an employee of “D” operated by the victim C from Jun. 2010 to Apr. 2012, 201, has been engaged in the conclusion of sales contracts of “F apartment”, which is a rental apartment newly constructed and sold by the victim E at the time of leisure.

On March 16, 2012, the Defendant received KRW 10,024,00 from the buyer G of the above apartment building 101,00 from the seller G of the above apartment building at the apartment sales office, and used it for personal purposes such as Internet gambling and stock investment, etc. around that time.

In addition, the Defendant, from around that time to March 31, 2012, embezzled total of KRW 132,073,000 by the same method four times as indicated in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (the details of passbook transactions, copies of passbook A in the name of Korean bank, and a comprehensive statement of balance of accounts);

1. In light of the relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts, comprehensively, the sentencing guidelines for sentencing of imprisonment is to be decided as ordered within the scope of recommended sentencing guidelines (one year and three years: embezzlement and breach of trust, Type 2 (type 100 million won or more or less) and basic area), taking into account the following factors: (a) the Defendant’s reason for sentencing of imprisonment reflects the instant crime; (b) the Defendant’s reason for sentencing of sentence is defective; (c) the amount of damage exceeds KRW 100 million; (d) the victim’s economic and mental suffering is considerably high; and (e) the Defendant has three times the history of having been sentenced to punishment for property crimes.