A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor at the Gwangju District Court on August 25, 2014, and the judgment was finalized on May 3, 2014.

around August 201, the Defendant was delegated with the right to sell 920/10906 shares (in size: approximately 3,000 square meters) in the area of 10,006 square meters (in size: 3,00 square meters) from the victim C before he/she owned the victim, and sold the said land to E at the office located in the Young-gun, Young-gun, Young-gun, Seoul, on September 2, 201, and was embezzled by using the purchase price of KRW 12,00,000 from E around September 5, 201, after receiving KRW 120,000,000 from the victim around September 5, 201, for the victim and remitting the remaining KRW 30,000 for the personal use at around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Copies of the police statement protocol with regard to C and the police statement protocol;

1. A receipt ledger or a certificate for all registered matters;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (verification of results of dispositions related to the relevant cases);

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. The latter part of Article 37 of the Criminal Act concerning concurrent crimes: Provided, That the judgment on the assertion of the Defendant and the defense counsel under Article 39(1)

1. The gist of the assertion is that the Defendant received KRW 24 million from the buyer as the purchase price in the Republic of Korea, which was deep for the Defendant’s land subject to purchase and sale. As such, pure land price is KRW 96 million ( KRW 20 million - 24 million). Of KRW 96 million, KRW 6 million was paid in cash to the victim on the date of conclusion of the contract, and later remitted the remainder of KRW 96 million to the victim. Thus, the facts charged cannot be recognized.

2. Determination

A. The victim consistently states that there is no timely receipt from the Defendant of KRW 6 million on the date of signing the contract.

The victim was residing in Seoul at the time [the fact that the victim was not at the place of conclusion of the contract is also recognized (the investigation record 169 pages)] and the victim.