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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Around November 8, 2011, the Defendant entered into a contract for parcelling-out agency for ten households (102, 203, 204, 303, 304, 403, 404, 404, 503, 504, 604, and 604) among the 26 households of the D apartment 26 households of Seoul Special Metropolitan City, Nowon-gu, a representative director of the victim B, and the victim newly built, and the Defendant entered into a contract for parcelling-out agency for the victim on August 15, 2012.
According to the above two vicarious sales contracts, the defendant was only authorized to enter into a sales contract with the above households, and could not carry out the receipts and management of the sales price, and even if he received the sales price from the other party to the sales contract after entering into the sales contract, he should deposit it into the account designated by C as it is.
After that, on July 26, 2012, the Defendant sold the above apartment Nos. 404 to F, the Defendant’s seat of the above apartment Nos. 102, and received 66,157,130 won from F, and around September 26, 2012, the Defendant sold the above apartment Nos. 104 to G, which is the Defendant’s matrimonial engagement in the above apartment Nos. 102, and received 68,740,000 won from G, and kept the above money for the victim.
However, the Defendant did not deposit the sales price into the account designated by C, and used the sales price of KRW 56,157,130 among the sales price of KRW 66,157,130 and the total amount of KRW 68,740,00 among the sales price of KRW 66,157,130 and KRW 124,897,130 necessary for the transfer of apartment ownership, construction cost, and personal use of the Defendant.
Accordingly, the Defendant embezzled the money of the victim(stateB)B, which he had been in custody.
Summary of Evidence
1. Defendant's legal statement;
1. Part C of the protocol of interrogation of the defendant by the prosecution against the defendant
1. Application of each of the Acts and subordinate statutes in the D apartment parcelling-out contract and the performance agreement; and