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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
C concluded a contract on March 22, 2004 with the victim D to purchase real estate located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the ownership of which is the owner, but did not pay any balance. On April 24, 2007, C deposited KRW 517,440,00 as the remainder, and filed a lawsuit against the victim for the registration of ownership transfer, and lost on August 22, 2008.
Around March 2009, F, a proxy of C, had already been seized by a creditor of C to claim the recovery of the deposit money and could not recover the deposit money. Around the end of March, 2009, F, a proxy of C, consulted the defendant with the method of finding the deposit money. Around the end of this year, the defendant was informed that C can find the deposit money upon receipt of the proxy certificate, certificate of seal imprint, certificate of personal seal impression,
The Defendant, as a proxy of C, had F carry out the deposit withdrawal work on behalf of the victim.
1. The Defendant, as a certified judicial scrivener, has been entrusted with the business of withdrawing money from the victim D as above, remitted approximately KRW 350 million out of the above deposit to the account designated by F under an agreement with F, a proxy of F, and the remainder was paid as compensation for damages by the victim.
On April 1, 2009, the Defendant was transferred 534,422,476 won to a new bank account in the name of the Defendant at the Jung-gu District Court, which was 364,100,000, and transferred 357,440,000 won among them to the account designated by F, and embezzled 176,982,476 won for the victim while he was in the custody of the victim for business purposes. At that time, the Defendant embezzled the victim’s property by consuming 176,982,476 won for personal purposes, such as the repayment of Map Loan obligations.
2. The defendant is present as a witness of the defendant's case, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the above court's 2009Kahap99C in the court of criminal 1st instance, which was available at the time of the Government on December 4, 2009 and 634.