A defendant shall be punished by imprisonment for six months.

The defendant pays 23 million won to the applicant for compensation. The defendant is the applicant for compensation.

Punishment of the crime

The Defendant was responsible for the management of the Jongno-gu Seoul Metropolitan Government and one parcel of ground building (hereinafter “instant building”) owned by the victim C, which is the victim, at the office No. 307 of the instant building around March 15, 2012, to lease the first floor and the second floor of the instant building to E on behalf of the victim in KRW 1,80,000 per month, but in the first month, in consideration of the period of director, 1,40,000 won per month, and on April 28, 2012, the Defendant received a monthly rent of KRW 1,40,000 from E to the passbook of the National Bank in the name of the Defendant, the head of the F, the Defendant attached from E, and kept it for the victim.

Nevertheless, around that time, the Defendant embezzled KRW 600,000,000,000,000 received rent to the victim by providing the victim with a false statement to the effect that “The two floors of the instant building are leased in KRW 600,000,000,000,000,000,000 won received from E as above.”

In addition, the Defendant, in the same manner, embezzled the difference of KRW 23 million by receiving monthly remittance of KRW 33,80,000,000 from E as rent, from April 28, 2012, from May 29, 2012 to December 28, 2012, and from January 28, 2013 to September 30, 2013, and then providing only KRW 10,80,000 per month to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect F passbooks);

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. Articles 25 (1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 32 (1) 2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (the application for compensation to the portion exceeding 23 million won in embezzlement) is groundless;

The fact that the defendant's health condition of the reason for sentencing is not good, etc. is considered as favorable to the defendant.

However, the defendant is identical.