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1. Defendant A
(a) The defendant shall be punished by imprisonment with prison labor for one year;
(b)Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final.
Reasons
Punishment of the crime
[2013 Highest 1281] A: The Defendant stated that, around September 10, 2008, the “E Licensed Real Estate Agent Office” in the Defendant’s operation of the Defendant located in Gwangju Northern-gu, Gwangju, that, “If an investment is made in the commercial area of the Goju-dong High-Tech 2, it shall be sold within three months, and that, within six months, the Defendant would necessarily make profits and principal of KRW 500,000 per square year.”
However, since it is unclear whether it is possible to sell the above commercial site within six months, the defendant did not have the intent or ability to pay the principal and profit to the victim on the date of promise even if he received the investment money from the victim.
Nevertheless, the Defendant received from the victim a delivery of KRW 5 million in total as a post office account in the name of the Defendant, on September 10, 2008, and KRW 50 million in total, on October 24, 2008.
[2013 Highest 4416]: Defendant A is a person who operates the E Licensed Real Estate Agent Office in North-gu, Gwangju, and is engaged in the trade of the sales of the commercial site in the Gwangju High-Tech, with investments from investors. Defendant B is an employee in the above office and is engaged in the business related to real estate with Party A.
1. On May 11, 2008, the Defendant, through the above E Licensed Real Estate Agent Office B, invested KRW 115 million from the victim G for the purpose of purchasing commercial land in the high-tech district of the Korea Land Development Corporation in Gwangju Special Metropolitan City, and purchased the above sales right. On July 201, 2012, the Defendant returned only KRW 66 million to B during the course of business custody for the victim, who was a money for selling the above sales right, the principal of KRW 115 million owned by the victim, which was money for selling the above sales right, for the victim, and embezzled the remainder of KRW 49 million for the purpose of creating the housing complex in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, where the Defendant continued without the victim’s consent.
2. Defendant B is located in Gwangju Northern-gu around May 2008.