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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal record] On April 26, 2012, the Defendant was sentenced to three years of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on May 4, 2012.
[2] The criminal facts C is a company that vicariously performs the sales agency business of the "E" located in Gunsan City D from the victim's land trust to the victim's land trust, and the defendant works as the head of C's office from May 2006 to August 2008 and takes charge of the sales agency business.
As above, the defendant had a duty to deposit the sale price into a bank account designated by the victim's land trust in return for the payment of the sale price under the contract for sale in lots.
Nevertheless, the Defendant violated the duty of duty to deposit the sales price into the bank account designated by the Korean Land Trust Act, and received KRW 115,000,000 from several minutes of the E office around July 16, 2008, and did not deposit the sales price into the bank account designated by the Korean Land Trust Act, thereby obtaining property benefits equivalent to the same amount and causing property damage equivalent to the same amount to the Korean Land Trust of the victim. In addition, the Defendant did not deposit the sales price of KRW 226,00,000 in the sum into the bank account designated by the Korean Land Trust of the victim, as shown in the attached list of crimes, and did not deposit the sales price of KRW 226,00,00 in the sum into the bank account designated by the Korean Land Trust of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. The legal statement of witness G, H and I;
1. Details of an application in advance, receipt of down payment, etc., written agreement, details of handling a sales accident by proxy, sales contract, ledger of sales by proxy, settlement of losses, receipt of down payment, household receiving cash under a provisional contract, and transaction of passbook;
1. Previous convictions: Criminal history, etc.;