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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
around August 2016, the Defendant was requested by C to vicariously perform the affairs of authorization and permission on D land at the time of selling the victim's lawsuit at the end of August 2016.
On November 10, 2016, the Defendant would pay to the victim the farmland preservation charge amounting to KRW 22,327,650 on the land owned by the victim by telephone at a place where no location is known.
2,327,650 won was remitted from the victim on the same day to the national bank account under the name of the defendant.
While the defendant kept the above money for the victim, he consumed it for personal purposes such as office operating expenses.
Accordingly, the defendant embezzled the victim's property.
"2017 Highest 313"
1. On July 28, 2016, the Defendant made a false statement to the victim G on the part of the “F office” in the Defendant’s operation in Pakistan-si, Pakistan, that “The Defendant obtained permission to engage in development activities, including survey and construction design, for three parcels of land of H 1,118 square meters, I 455 square meters, and J 1,001 square meters, which are owned by the party, from the market in Pakistan-si, for the benefit of KRW 15 million.”
However, in fact, the Defendant did not have any intention or ability to obtain permission for the development of the above land from the mayor of the strike because the Defendant had to repay the loan amounting to approximately KRW 150,000,000,000 and the tax in arrears is difficult to pay about KRW 20,000,000, and even if he received money from the injured party for personal purposes.
Nevertheless, the defendant has been suffering from the damage as the down payment on the same day, 2 million won in the name of the damage and the same year.
8. 1. The same year as the survey expenses: 4 million won, as the survey expenses;
8.2. The amount of KRW 5 million was transferred to the NongHyup Bank in the name of the defendant, respectively, as a cost of architectural design;
2. On November 28, 2016, the Defendant imposed KRW 143,968,320 as farmland preservation charges on the victim G at the place described in paragraph 1 (a) around November 28, 2016.
. The money;