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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to a suspended sentence of one year of imprisonment for embezzlement by the Incheon District Court on January 19, 2017, and is currently under suspended sentence as of January 27, 2017.
"2018 Highest 1675"
1. The Defendant was a person working as a secretary at the office of “D judicial scrivener office” as prescribed in subparagraph 703 of Article 703 of the Nam-gu Seoul Metropolitan City, Incheon, and was requested by victims from victims E and victim F to transfer the registration of “4 lots, etc. outside of G at the time of strike” purchased by victims from victims E and victim F.
On July 27, 2017, the Defendant called “in order to transfer the above registration, to request the victims to transfer acquisition tax amounting to 93,650,000 won with acquisition tax.” On July 27, 2017, the Defendant transferred KRW 63,650,000 from the Victim F as acquisition tax, and KRW 93,650,000 from the Victim E as acquisition tax around August 1, 2017.
While the defendant kept the above money for the victims on his business, he embezzled it by using it for personal purposes, such as repayment of personal debts, in accordance with the above temporary landscape.
2. The Defendant had the intent to forge a payment certificate of acquisition tax under the name of the market owner in the field of strike in order to see as if he had used the money that E and F remitted to the Defendant as stated in the foregoing paragraph 1.
A. On July 27, 2017, the Defendant forged official documents and forged official documents: (a) around July 27, 2017, at the office of “J real estate” located in Bupyeong-gu Incheon Metropolitan City, the Defendant revised the following as “one other person”, “Y, Dong 11-dong 801, Yeonsu-gu Incheon Metropolitan City”, and (b) the registration item column “land: 4 lots outside Gyeonggi-do, G, G, N,O, buildings: Gyeonggi-do, and the total amount of the tax items “62,560,000 won”, and “B” in “27 July 27, 2017,” respectively.