A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who operates the office of “D Authorized Broker” located in Daegu Suwon-gu C.

On March 24, 2016, the Defendant received a request from the victim E to mediate a lease contract for residential use from the above office on March 2, 2016, and received a request from the victim E to mediate a lease contract for residential use, and the Defendant received a request from the victim in cash on the 2th of the same month as a deposit money, and KRW 3 million from the Daegu Bank Account under the name of the Defendant on the 16th of the same month, and KRW 1 million from the above account on the

4.2. Around March 2016, when the said account received KRW 2 million from the said account to the said account on the 12th of the same month, and was kept for the victim, the victim’s property was embezzled by consuming the said deposit received from the injured party for personal purposes, such as arbitrarily delivering the said deposit under the name of loan to F, the Defendant’s prior purchaser.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against E;

1. Application of Acts and subordinate statutes in the investigation report ( lessor G and telephone, etc.);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. The reason for the sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 200) / [the scope of the recommended sentence] in the case where: (a) a person subject to special sentencing is not subject to punishment or a significant amount of damage has been recovered; (b) a person subject to mitigation [the scope of the recommended sentence] from January 1 to October / [the scope of the recommendation] - Where a person subject to general sentencing is not an occupational embezzlement or breach of trust of the aggravated element - Where a significant amount of damage has been recovered - (whether a suspended sentence is suspended] - A person subject to punishment who has no criminal conviction or more than a positive

The amount of KRW 40 million has been arbitrarily used and the amount of KRW 40 million is for the preparation of a victim's residence.