Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On September 18, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for embezzlement at the Sungnam Branch of Suwon District Court for the crime of embezzlement, and the judgment became final and conclusive on December 25 of the same year.
【Criminal Facts】
Around December 2008, the Defendant entered into a partnership agreement with the victim B and C to build and operate a golf practice range on the real estate D and E owned by the Defendant, and the victims invested KRW 2,150,000,000,000 in each of them, and the Defendant decided to contribute to the said real estate.
On April 24, 2009, the Defendant introduced G through F, a high school Chang-gu, and entered into a construction contract with H and the construction cost of KRW 1,293,600,000, among the logistics warehouse construction works (the Defendant, after completion of the logistics warehouse and alteration of the use thereof, intended to create a golf range) operated by G, the Defendant entered into a construction contract with H and the construction cost of KRW 1,293,60,000.
After that, on April 2009, the defendant asked the above G to the effect that "at the end of 200 million, there is money necessary for internal construction, write the contract by raising the estimated construction cost, and when receiving the construction cost, 200 million won out of the said money shall be refunded to Na." The above G accepted it, and thereafter, it entered into a construction contract with the LAW and the construction cost of 1.49 billion won.
On May 15, 2009, the Defendant stated that “The construction contract was concluded with H and 1,490,000,000 won, and thus, the construction contract was remitted to H accounts.”
However, in fact, the amount of the contract for construction with the defendant and the L/C-B was increased by KRW 200 million compared to the actual contract amount, and the defendant planned to receive the above increased KRW 200 million through the above G in advance.
On May 15, 2009, the victim C remitted KRW 600,000 to the account in the name of H, and the above G transfers KRW 10,000,000 out of the above KRW 600,000 to the account of G, and then transfers it to the account in the name of J (L) in the creditor against the defendant, and the above KRW 10,000,000 out of the above KRW 60,000 to the account of M, 2.