beta
Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is a person who serves as the representative director of "C" apartment sales agency (ju) D, implemented by the Corporation with Limited Liability Investment Limited Liability in Maternal in China.
On November 28, 2007, the Defendant entered into a sales contract with the victim F and C apartment 9 Dong 301 at the Seoul Gangnam-gu Seoul Gangnam-gu Office to execute the contract by delivering the sale price, registration fee, etc. to the Defendant in sequence.
The Defendant, in accordance with the terms and conditions of the above contract, received KRW 6,734,327 from the victim for the purpose of selling in lots as the price for the same day from November 2, 2007 to January 14, 2009, and embezzled KRW 48,381,098 out of the total amount received from the victim F, including the sale price, for the total amount of KRW 57,88,048,00,000. During the period from March 2, 2009 to December 2, 2009, the Defendant arbitrarily used the amount of KRW 48,381,098 out of the total amount for the purpose of using it for investment in Chinese sugar business and personal living expenses, etc. which are irrelevant to the above sales contract.
In addition, the Defendant embezzled KRW 483,256,095 from November 2, 2007 to June 11, 2009 for the purpose of using the amount of money for the sale of apartment units in the form of “C” and related expenses from 18 victims on a total of 16 occasions from around November 2, 2007 to from June 11, 2009 for the sake of victims, as stated in the column of “Embezzlement for the Calculation of Amount of Embezzlement” as stated in the separate sheet of Embezzlement between March 2009 to December 2, 209, the Defendant embezzled KRW 483,256,095 out of the said money for the purpose of use, such as the amount of investment in the set business, which is unrelated to the apartment sale contract.
Summary of Evidence
1. The defendant's partial statement in the first protocol of trial;
1. Legal statement of witness F;
1. A complaint;
1. Application of Acts and subordinate statutes, such as sales contract;
1. Relevant Articles 356 and 355 of the Criminal Act concerning criminal facts