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Defendant
A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of six months.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
[Criminal Justice] On October 29, 2010, Defendant A was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Seoul Northern District Court, which became final and conclusive on November 6 of that year, and on April 28, 2011, Defendant A was sentenced to three years of imprisonment with prison labor for a crime of forging securities at the Seoul Northern District Court, which became final and conclusive on October 19 of that year.
【Criminal Facts】
Defendant
A is a person who is in charge of the purchase of the instant land, etc. in order to construct a primary complex building at the Hacheon-gun, Gangwon-do H, I, and J (hereinafter referred to as the “instant land”) promoted by the said company from November 2006 to December 2007, the main business of which is (the representative G; hereinafter referred to as the “victim”) the lease and sale of real estate in the first floor of the building in Gwangjin-gu, Seoul, and the Defendant B is a person who is in charge of the real estate brokerage business.
1. The sole criminal conduct of Defendant A;
A. On April 12, 2007, the Defendant used 100 million won for purchase price and business promotion expenses and used the remaining 75 million won for personal purposes around that time while he received 100 million won from K as the purchase price for the instant land from the agricultural branch office located in Ycheon-gun, Seocheon-do, Incheon-do, Incheon-do., the victim company's president, as the purchase price for the instant land from K and kept for business purposes.
In addition, from August 10, 2006 to November 21, 2008, the Defendant received 410,14,100,000 won from the above K and G in terms of the purchase price for the instant land and the expenses necessary therefor from the above K and G for 16 times at the location of the above victim company's office, such as the list of crimes, and embezzled it for personal purposes.
B. An alteration of the specification of transactions and (1) the Defendant filed a complaint to the effect that he acquired the ownership of the land from L, a real owner of the instant land, and thereby, the agricultural bank account in the name of the Defendant from the investigative agency.