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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Around April 6, 2010, the Defendant entered into a partnership business agreement with a real estate brokerage office employee of Seocho-gu Seoul Metropolitan Government E land and a multi-household house on its ground to jointly implement the new construction and sale of a multi-household house. On the same day, the Defendant paid KRW 290 million investment funds from D. However, at the time of entering into a sales contract for the said land and housing, the Defendant only paid the down payment amount of KRW 150 million out of D’s above investment funds, but did not prepare any balance until May 31, 2010, which is the remainder payment date. Accordingly, the Defendant’s sales contract was concluded again on May 31, 2010 with D to jointly implement the new construction and sale of the said multi-household house, and completed the registration of the new construction/sale business in the name of D around June 21, 2010, and completed the registration of each multi-household house in the name of D’s own name and around 15, 2010.
1. As the Defendant entered into a partnership business agreement with D as to the business of newly building and selling the above multi-household house, but failed to bear the agreed business funds, the victim F who bears the business funds on behalf of the Defendant succeeds to the Defendant’s partner status by concluding a partnership business agreement with D on May 31, 2010, and the Defendant was to withdraw from the partnership business relationship and to take charge of sales agency for the victim.
On June 14, 2012, the Defendant received some amount of KRW 12 million out of the sales price from G to the account in the name of the victim F even though he/she had the said amount transferred to the account in the name of the victim, and received the said amount from the said G to the account in the name of the victim, and embezzled it for the victim by voluntarily consuming it for private use around that time.
2. The Defendant did not appear on April 2013.