A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2, 2012, the Defendant borrowed money from Smama Savings Bank Co., Ltd. and transferred KRW 100,000,000 to the victim around April 3, 2012 as a collateral.

Therefore, when the defendant received and kept the deposit for lease from the lessor, he/she should pay the deposit corresponding to the principal and interest of the loan to the victim.

Nevertheless, around October 18, 2012, the Defendant received remittance of KRW 83,747,80, which deducts the overdue rent and management expenses from the above deposit to the Busan Bank account of the Defendant, and embezzled KRW 19,202,605 as of October 18, 2012 on the part of the Defendant for the victim while he kept the amount equivalent to the principal and interest of the loan borrowed from the victim for the victim, by arbitrarily paying it to other creditors.

Summary of Evidence

1. Statement by the defendant in court;

1. To refer to a credit transaction agreement and credit transaction records of loans;

1. Real estate lease contract, certificate of assignment of claims, and notice of assignment;

1. Application of trade-related Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the confession, reflection, and repayment of borrowed money by the defendant);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;