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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On July 21, 2010, the Defendant concluded a sales contract to sell to the victim the sum of KRW 1.49/16 of the shares in the building No. 1st floor No. 3(d) of the same housing unit No. 3 of the first floor No. 49, the sum of KRW 1.49/16 of the shares in the building No. 1st floor No. 449 of the same housing unit No. 1st floor No. 1 of the same housing unit No. 1 of the same housing unit to the victim, E representing the victim G, and the Defendant owned in the name of wife H.
According to the above sales contract, the Defendant was transferred KRW 100,00 from July 21, 2010 to August 6, 2010 to H’s bank account under the name of the purchase-price, and thus, the obligation to complete the registration of the transfer of ownership in the name of the victim was incurred.
Nevertheless, on February 21, 2011, the Defendant sold the above real estate to the JJ without the consent of the damaged person, and on March 18, 2011, completed the registration of the transfer of ownership in the J name.
As a result, the defendant acquired property benefits equivalent to KRW 100 million in the market price of the above real estate and caused the same damage to the victim.
2. The Defendant, on August 201, 201, embezzled, in F’s “F” to the first patrolman, is a promising business for the victim E to engage in the business of selling healthy food products with good inside and outside K and L, and the amount of temporary import of products now is a mother and child.
There is no problem of receiving principal and interest when lending money due to difficult difficulties, and there is no problem of guaranteeing internal payment.
Accordingly, the victim lent 50 million won to K around August 18, 201, and from that time up to July 20, 2012, from that time, the victim lent 220 million won for business purposes, from that time to July 20, 2012. The Defendant was given 4 million won as the name of the victim’s loan and interest repayment from K around September 29, 201.
The defendant voluntarily consumed the above money for living expenses, etc. around that time while keeping the money for the victim.