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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
The defendant was sentenced by the Seoul High Court on February 5, 2009 to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in Seoul High Court on April 17, 2009.
On February 20, 2008, the Defendant presented a letter of delegation of sale in the name of C, stating that “The Defendant would sell all of the scrap metal, steel, machinery, etc. located in the Nam-gu Incheon Metropolitan City, to the victim E as the main owner of the scrap metal, etc. (C) intended to sell at the same time.” The Defendant presented a letter of delegation of sale in the name of C, stating that “The Defendant would sell all of the scrap metal, steel, machinery, etc. located in the Chungcheongnam-gu, Chungcheongnam-do.”
However, on February 19, 2008, the Defendant entered into a conditional delegation agreement with C for the sale and purchase of the said scrap metal, etc. in return for the partial transfer of the secured debt of 6.3 billion won to the 30 households out of the secured debt of 6.5 billion won against the secured debt of 6.5 billion won with respect to the 70 households of the D apartment owned by C around A.M. on February 19, 2008, the Defendant changed the “J” contact details stated in the letter of delegation for sale and purchase by C on February 19, 2008, by means of a diversing copy of the part “it is effective at the time of the establishment of the 30 households of the D apartment in Dong-si, Gyeonggi-do.”
Nevertheless, the Defendant, as if he/she received a valid delegation of sale without conditional terms and conditions, deceiving the victim by presenting a letter of delegation of sale in the name of C, which was modified as above, and acquired a total amount of KRW 900 million from the victim on February 20, 2008 and delivered KRW 400 million on February 25, 2008 through two occasions.
Summary of Evidence
1. Partial statement of the defendant;
1. E, C,O, and T. respectively.