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A defendant shall be punished by imprisonment for two years.
Reasons
criminal history
(x) "2015 Highest 126";
1. Around August 13, 2012, the Defendant entered into a contract on behalf of the victim C to purchase 20 million won in total of 66 million won, including down payment, intermediate payment of KRW 20 million, balance of KRW 26 million, etc. on behalf of the victim C, and had the victim transfer the down payment of KRW 20 million to the account in E’s name. Since the said purchase contract was reversed due to the deterioration in quality of the relevant dry field, the said contract was reversed, the said down payment should be returned to the victim.
Nevertheless, during the period from September 2012 to October 2012, the Defendant: (a) returned the down payment of KRW 20 million to E in cash from around 2012, and kept the said contract for the victim; (b) delivered only KRW 10 million to the victim on January 8, 2013; and (c) wrongfully consumed and embezzled the remainder of KRW 10 million without the consent of the victim.
2. After receiving a request from the above C, which operates an agricultural company F in Jindo-gun to purchase a distribution field, the Defendant actually purchased the distribution field of 13,00 square meters which is cultivated by five farmers, such as G, etc., at KRW 5,200 per square meter, from H, with the intention to purchase the distribution field of 13,00 won which is cultivated by five farmers, such as G, etc., in fact, the Defendant purchased the distribution field from H to H for KRW 5,500 per square meter on the ground that he purchased the said distribution field from H for KRW 300 per square meter.
Since August 13, 2012, the Defendant: “13,00 square meters”; “13,00 in the column of contract area of the agricultural company sales contract entered into the agricultural company’s name column; 2.00 square meters in the column of contract area entered into the agricultural company’s name column; 3,000 in the column of contract amount; 2.00 in the column of intermediate payment; 3,000 in the column of contract; 3,000 in the column of intermediate payment; 2.0 in the column of contract, “13, 2012”; 3,000 in the column of intermediate payment; 3,000 in the total amount, “30,000,000 in the column of contract amount; and