A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Presumption] The Defendant is a person who served as a brokerage assistant in D real estate located in Suwon-gu, Suwon-si, Suwon-si, from around 2011 to around 2013.

On March 2013, the Defendant arranged the victim E to sell G apartment units No. 6203 1402, G apartment units owned by F, and the victim paid the down payment and intermediate payment of KRW 59.2 million on May 2013, and received the right of sale from F, but did not pay the remainder of the gold and the balance until the early police in 2014.

On February 2, 2014, the Defendant: (a) at the coffee shop located in H, Sungsung City around February 2014, the Defendant held that “it is difficult for the Defendant to move into the fish tea apartment; and (b) it is possible for the Defendant to sell the right to sell the apartment to him; and (c) the Defendant accepted the right to sell the apartment on behalf of the victim, and was entrusted with the business of selling the right to sell the apartment on behalf of the victim and delivering it to the victim upon receiving the selling price.”

[2] The Defendant: (a) sold the right to sell the above apartment units to I on March 1, 2014 according to the duties entrusted as above; (b) sold the right to sell the apartment units to I on March 21, 2014; (c) KRW 3 million on May 14, 2014; (d) KRW 18,000,000 on June 18, 2014; and (e) embezzled KRW 10,000 on July 1, 2014 to the agricultural bank account under the Defendant’s name; and (e) embezzled the amount of KRW 10,000 as a check on May 16, 2014; and (e) embezzled the amount of KRW 10,000 for the victim on his/her own use of living expenses, personal debt repayment, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes on the release of deposits;

1. The relevant statutory provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act on the grounds for sentencing [the scope of the recommended punishment in accordance with the sentencing guidelines] Class 1 (the scope of the recommended punishment in accordance with the sentencing guidelines) of the basic area (from April to one year and four months), unfavorable circumstances (decision of sentence] [decision of sentence] - Circumstances favorable to the fact that considerable portion of the damaged amount has not been restored, and the circumstances that are favorable to the fact that the damaged amount has not been restored are recognized.