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1. Defendant A shall be punished by imprisonment with prison labor for one year;
2. Defendant B shall be punished by imprisonment for six months.
except that this shall not apply.
Reasons
Punishment of the crime
Defendant
B, upon the victim’s friendship D’s request from the victim for the trade brokerage of the land, such as Changwon-si, Changwon-si E and F (hereinafter collectively referred to as “instant land”), B, upon the victim’s request to the Defendant A, known to the general public, had the Defendants take charge of the trade brokerage of the instant land for the victim, and accordingly, sold the instant land at KRW 160 million on September 24, 2014.
1. On September 30, 2014, the Defendants’ co-principals were transferred from the purchaser of the instant land to the account in the name of the Defendant’s name of intermediate payment and deposited for the victim, Defendant B withdrawn the above KRW 40 million at the request of Defendant A, which would have been used first as business funds, and deliver the said KRW 40 million to Defendant A. The Defendant A voluntarily used the said KRW 40 million for personal business funds around that time.
The Defendants conspired as above and embezzled the victim’s property.
2. The sole criminal conduct of Defendant A;
A. On November 3, 2014, Defendant A received KRW 10 million from the purchaser of the instant land from the purchaser of the instant land to the said agricultural bank account in the name of the Defendant Nonparty B, and kept for the victim, Defendant B said sum of KRW 10 million as to the said KRW 10 million from Defendant B, stating that “The money borrowed from another customer was entered into the agricultural bank account and withdrawn from the said bank,” and then wrongfully embezzled it as personal business funds around that time.
B. Defendant A received a transfer of KRW 80 million from the purchaser of the instant land to the Gyeongnam Bank account under the name of Defendant A, and kept for the victim, at his own residential area located in Changwon-si G around November 19, 2014.