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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 21, 201, the Defendant paid farmland preservation charges of KRW 123,88,240 (the farmland preservation charges for the said land owned by the victim are KRW 106,612,920 in proportion to the size of the land) to the Korea Rural Community Corporation through the Sung-gun Office of Gyeyang-gu, in accordance with the Housing Construction Permit for the farmland preservation charges of KRW 1,021 square meters among KRW 6,225 square meters in Gyeonggi-gun, Gyeonggi-gu, Gyeonggi-do, the Gyeonggi-do, the Plaintiff owned the victim D, and KRW 6,301 square meters, the Defendant, the head of the Defendant, the head of the Defendant, at the same time, was refunded the farmland preservation charges paid after cancelling the said housing construction permit.
On June 15, 2012, the Defendant received KRW 61,94,120 from the Korea Agricultural and Fishing Villages Corporation to the Agricultural Cooperative account in F’s name at will on June 15, 2012, and received KRW 44,724,67,100 in the indictment, excluding KRW 17,270,020 in the farmland preservation charges for F’s land, appears to be erroneous in calculation.
(61,994,120 won - 17,270,020 won - 22,04,120 won in the indictment of KRW 22,04,120 among them are embezzled, and on the same day, 61,94,120 won in total, 61,90,000 won from June 19, 201 to the agricultural bank account under the name of the defendant attached from June 28, 2012 to the amount of KRW 22,94,120 in the indictment of KRW 22,04,120 in the indictment of KRW 22,120 in the calculation.
(61,994,120 won - Amount of 39,90,000 won used for this Corporation) refunded to the account in the name of the victim was embezzled at will for personal use unrelated to the victim.
Accordingly, the Defendant embezzled farmland preservation charges on the land owned by the victim at will by using KRW 66,818,220 ( KRW 44,724,100, KRW 22,094,120).
2. The criminal defendant committed fraud by deceiving the victim's 1/2 of the victim's share to the Gyeonggi Pyeong-gun I shared with F, in order to obtain a loan by taking the above land as security.
In June 2012, the Defendant transferred the victim’s pention Corporation at the site of the victim’s pentan-gun J of Gyeonggi-gu to the G of Gyeonggi-gu.