beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around 2013, the Defendant, C, D, victim E, and sibling B filed a suit against the Defendant, C, and the victim filed a suit against the Defendant, C, and C to the Seoul Central District Court, including the agreed amount.
The purport of the above lawsuit is to pay KRW 100 million to the defendant, C, and victims, and to comply with the registration procedure for the transfer of ownership based on the return of the portion of real estate.
Around January 14, 2014, the Seoul Central District Court held that “B shall pay KRW 370 million to each of the Defendant, C, and the victim,” and that “the remaining KRW 300 million shall be paid until May 30, 2014.” The conciliation was concluded with the Seoul Central District Court at the Seoul Central District Court at around January 14, 2016 (Seoul Central District Court 2013 S. 531640). After the conciliation was concluded, the Defendant agreed to receive the above amount from the damaged person residing in Guam, U.S. City around January 2016, to deposit the amount under the above conciliation protocol with the F bank account in the name of the victim after receiving the entire amount under the conciliation protocol, and the Defendant transferred KRW 21 million to the victim and KRW 70 million to the victim.
However, the Defendant, on February 17, 2017, received KRW 80 million from B, around March 25, 2017, including KRW 880,000,000,000 from around March 25, 2017, and embezzled KRW 270,000,000,000,000, excluding KRW 30,000,000,000 for attorney appointment from among the 300,000,000,000,000 for the victim for the victim. On February 17, 2017, the Defendant embezzled the remaining KRW 170,000,00,000,00 for personal use, such as repayment of debt, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Protocols of examination of witnesses E among the protocols of second public trial;
1. Seoul Central District Court conciliation protocol (2013 Ss. 531640), copy of passbook E, check, inquiry of details of transaction, certificate of deposit transaction, and name D.