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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
[Criminal Power and Basic Facts] The Defendant was sentenced to one year of imprisonment for the crime of occupational embezzlement, etc. at the Daegu District Court on September 13, 2007, and the said judgment became final and conclusive on April 10, 2008. On February 6, 2009, the Defendant was sentenced to two years of suspended execution on July 15, 2009 and was sentenced to two years of suspended execution due to fraud, etc. in the Western District Court Branch Branch Branch of the Daegu District Court, which became final and conclusive on July 15, 2009, and is the actual operator of D (the “D”).
On July 22, 2005, F Co., Ltd. (hereinafter “F”) concluded a development project agreement on the land outside J and four parcels, which is owned by the I and I and II, for the apartment execution project. On July 29, 2005, F concluded a real estate disposal trust agreement with K (hereinafter “K”) to purchase the said land at KRW 40 billion and to dispose of the said land for the said sale.
After that, on January 12, 2006, between the above closure association and K and F entered into a real estate disposal trust agreement to change the purchaser of the above trusted real estate into L (the representative G; hereinafter “L”) and the purchaser of the above trusted real estate, thereby having a new apartment construction project (hereinafter “new apartment construction project in this case”) with respect to the land outside J of LY-si Suwon-si and four lots.
【Criminal Facts】
1. Around April 14, 2006, at the Gangnam-gu Seoul office, the Defendant was drafted in the name of M a sales agency contract for the victim M Co., Ltd. (hereinafter “M”), and a total of KRW 500 million issued to the Defendant was withdrawn from M’s corporate account. It is reasonable to view “M” rather than N’s individual as the victim.
While showing the apartment project plan, etc. to N, the representative director of the agency, the "CJ Development Co., Ltd. (hereinafter referred to as the "CJ Development") is running the implementation project for the construction of 722 units of apartment units on the land outside J of Yongsan-si and four lots.