beta
Text
A person shall be punished by imprisonment with prison labor for not less than two years and for not more than one year for the crimes of Nos. 1 and 2 of the judgment of the defendant.
Reasons
Punishment of the crime
On August 6, 2009, the Defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court on April 6, 2009, and the said judgment became final and conclusive around that time.
The Defendant, as a director of the victim C's clan, received an amount less than the actual purchase price from a clan and embezzled the difference from the actual purchase price while engaging in the business of purchasing real estate from D of the said clan.
1. On December 4, 2007, the Defendant entered into a contract with the farming association corporation D to purchase the above land in F’s name at KRW 600,000,000, and made the president of the clan G transfer the down payment of KRW 50,000 to the Agricultural Cooperative account in F’s name (Serial H) on the same day.
In addition, around December 26, 2007, the Defendant received KRW 820 million from G from G to one bank account (I) in the name of the Defendant. The Defendant paid the remainder of KRW 50 million to F, and embezzled the remainder of KRW 270 million for the victim’s clan, using his personal usage around that time.
2. Around May 2, 2008, the Defendant entered into a contract with K to purchase the above land in the name of KRW 280 million with K from the chairperson of the clan D with the purchase price of KRW 100 million for the same day as the down payment name, KRW 420 million for the remainder of May 21, 2008, KRW 100 million for the remaining name of the president of the clan G, KRW 530 million for clothes, and KRW 530 million in the name of the Defendant’s bank account in the name of one bank (L). The Defendant used the money to pay KRW 280 million for the purchase price, and embezzled the remaining KRW 250 million for the victim’s clan for personal purposes at that time.
3. On March 18, 2010, the Defendant committed the crime of Type 3: (a) KRW 11/15 of the shares of the above land in the name of N in Seocheon-si, An incorporated farming association D, for the purchase price of KRW 1550 million; and (b) KRW 45 million of the remaining shares; and (c) KRW 45 million of the price.