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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The defendant, who is a person who is a professional in auction and real estate investment, was aware of the victim C in around 1996 and received investments from the injured party and generated profits from the investment in auction real estate several times and acquired the trust of the injured party, and embezzled and acquired money from the injured party under the pretext of real estate business or investment as follows.
1. On June 20, 2005, the Defendant: (a) was awarded a successful bid for “Eel” located in Orcheon-gu, Ocheon-si; (b) on June 20, 2005, the Defendant paid the bid price of KRW 570 million out of KRW 650,000,000; (c) the Defendant paid the remainder of KRW 80,000,000 to the motherel business; (d) the ownership is registered in the name of the Defendant for convenience; and (e) the profits from the operation of the Moel is divided into KRW 1:1.
As a result, the Defendant had been operating the above Moel on November 2, 201, when the victim, who is a partner, arbitrarily set up the right to collateral security of KRW 260 million in the future of the Incheon Fisheries Cooperatives for the above Moel, which is a partner's property, and embezzled the above Moel's property at will by establishing the right to collateral security of KRW 848 million in total for the creditors' claim amount from January 14, 2014 to March 14, 2014.
2. Fraud;
A. On May 2007, the Defendant: “G” located in the F Station located in Yeongdeungpo-gu Seoul Metropolitan Government, “A plan to construct an apartment at the disposal of land 2 million square meters in Namyang-si, Namyang-si; however, at the time of the purchase of the above land, the victim would have reached an agreement with or file a lawsuit against the third party at the time of the purchase of the land, and at the time of the purchase of the said land, the victim would divide the agreed amount or litigation expenses into profits from the purchase of the apartment after the purchase of the apartment, and at the time of the purchase of the said land, the Defendant would bring a total of KRW 25 million from the damaged party to January 25, 201 as shown in the attached list of crimes (2).