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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On June 18, 2010, the Defendant agreed to sell the housing site of migrants to be paid from Samsung Electronic to the victim P in return for accepting the O’s land in the name of the Defendant’s younger's younger in the future from Samsung Electronic in return for the expropriation of the land in the name of the Defendant's younger in the future, and received KRW 100 million on the same day from the victim, and thus, the Defendant was obligated to transfer the ownership of the said land to the victim.
Nevertheless, the Defendant violated the foregoing duties and sold Q Q land in the name of Samsung T&M from around March 10, 201 to 159,768,000 won in price to R and S around February 15, 201 and then sold it to 159,768,00 won in price.
5. At around 31.3, R and S completed the registration of ownership transfer each with 1/2 of their respective shares.
Accordingly, the Defendant inflicted damages equivalent to KRW 159,768,00 on the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police about P;
1. A sales contract for the site for Samsung migrants;
1. Application of Acts and subordinate statutes to a certified copy of register;
1. Relevant statutory provisions Article 355(2) and (1) of the Criminal Act for criminal facts, the reason for sentencing the choice of imprisonment [decision of a sentence] The basic area of embezzlement and breach of trust in Type 2 (decision of a recommended area from KRW 100 to KRW 500 million): Imprisonment for one year to 3 years (decision of a recommended area): In the event that a mitigation element is not an occupational embezzlement or breach of trust, a serious reflective factor [whether suspended execution is suspended] - In the event that a serious negative reason is caused by agreement or serious harm to the victim: Before the suspension of execution on at least two occasions, and where general positive reason is caused by serious harm to the victim, a serious reflective reason: A serious reflective reason;