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1. The defendant shall be punished by imprisonment for six months;
2. The applicant for compensation shall be dismissed;
Reasons
Punishment of the crime
◀2013고단2453 피고인은 (주)D의 대표이사로 재직하던 사람이다.
On August 20, 2010, the Defendant, at the (ju) D office in Seocho-gu Seoul Metropolitan Government E building 301, falsely stated that “The Defendant would sell KRW 25,300,000 F forest land in the original city to the victim C. The Defendant would make the registration of ownership transfer without a mold if the registration cost is paid together.”
However, the facts are that the defendant did not acquire ownership of the above forest at the time, and even if he received the purchase price and the registration cost from the victim, he did not have any intent and ability to register the transfer of ownership of the above forest.
On January 12, 2011, the Defendant was granted KRW 27,860,00,00 in total, including KRW 2,560,00,00 in terms of the expenses for the registration of transfer of ownership in the forest land, by deceiving the victim as such, and receiving from the victim the delivery of KRW 27,860,00 in terms of the expenses for the registration of transfer of ownership in the forest.
◀2013고단2634 피고인은 토지개발업 등을 목적으로 하는 D주식회사의 대표이사로 근무하였던 사람이고, 위 회사는 2008. 5. 28.경 위 회사 소유인 경기 양평군 G 소재 임야 중 85289분의 1983 지분을, 2009. 12. 1.경 위 G 임야 중 85289분의 1186 지분을 각 피해자 H(58세)에게 매도하였던 사실이 있다.
On February 12, 2009, the Defendant, at the office of the above company located in Seocho-gu Seoul Metropolitan Government E building 301, embezzled by using 1.33,00 won as funds for the operation of the city company, while receiving KRW 1,330,00 from the victim for individual registration of land partition.
Summary of Evidence
1. Partial statement of the defendant;
1. Prosecutions and police interrogation protocol of the accused;
1. Application of the police statement law to C and H
1. Article 347 (1) and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment with labor) applicable to the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.