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(영문) 서울서부지방법원 2013.04.25 2012고단2059

사기등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2012 Highest 2059"

1. Embezzlement;

A. A. Around June 2008, the Defendant entered into a lease agreement on behalf of the victim in Seodaemun-gu Seoul Central Real Estate Agent Office (D Licensed Real Estate Agent Office in Seodaemun-gu, Seoul) with respect to FBD 202, which is owned by the victim E, with respect to G and deposit KRW 70 million and the lease period of two years on behalf of the victim. Around August 18, 2008, the Defendant, who received KRW 70 million from G from the above brokerage office and embezzled the deposit amount of KRW 60 million for all personal purposes around that time while being kept for the victim.

B. On August 11, 2008, the Defendant entered into a lease agreement with H on behalf of the victim, on the part of the victim, with respect to Franchi 203, Seodaemun-gu, Seoul, the Defendant: (a) on behalf of the victim; (b) around October 10, 2008, upon receiving KRW 70 million from the said D Licensed Real Estate Agent Office at the said D Licensed Real Estate Office, the Defendant embezzled KRW 60 million from the said D Licensed Real Estate Office after receiving KRW 70 million from the said D Licensed Real Estate Office; and (c) was in custody for the victim; and (d) was then embezzled for personal purposes.

2. Fraud;

A. On July 2006, the Defendant, at the victim E’s residence located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, concluded that “Seoul Mapo-gu J and K 2 parcels may be purchased more than that of the neighboring land owned by the State.” On July 26, 2006, the Defendant was issued from the victim a total of KRW 75,200,000 and KRW 1,570,000,000,000 as land purchase price and registration fee, on the one hand, for land purchase price and registration fee.”

However, the above J and K land is a state-owned land and can only be registered for ownership transfer after undergoing administrative procedures, such as consent and public announcement of owners of surrounding land. The defendant is a land purchase price received from the victim for his/her own personal purpose.