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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
, however, from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 28, 2011, the Defendants prepared a written agreement stating that “The instant forest shall be developed as a site for electric source housing, and road and civil engineering development costs shall be borne by each party,” using the opportunity for Defendant A to share 7460 square meters in the instant forest land in the victim E, F, G, and Cheong-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Young-gu, Cheong-gu, Seoul, with an opportunity for Defendant A to jointly develop the instant forest, and Defendant A, the victim, F, and G to jointly develop the instant forest.” The Defendants introduced the instant construction as the husband of the Defendant B, who introduced the construction to the husband of the Defendant B, and paid the ownership of electric source housing upon completion of the development.
After receiving payment from the injured party for the construction work, the Defendants thought that such fact would not be revealed if the development is completed even if part of the construction cost is used for the cost of living. The Defendants solicited to withdraw part of the construction cost from the injured party to cash or to use it for personal purposes, such as cost of living, after receiving payment from the injured party.
On November 16, 2011, the Defendants used KRW 378,400 as the cadastral construction cost while receiving KRW 1,000,000 from the victimized person to the Defendant’s account and embezzled KRW 30,912,100 as the total amount of KRW 51,40,000,000, which was transferred to the said account on the same day from the injured person, and used the remainder of KRW 621,60,00 as the daily living cost, etc. from October 15, 2014.
Summary of Evidence
1. The legal statement of Defendant B and some of Defendant A’s legal statement
1. Statement made by the police for E;
1. Investigation report (Submission of a detailed statement of transaction of passbook A with the intention of escape);
1. A complaint;