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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant worked as the director of the Housing Management Team of CConstruction Co., Ltd. and D Construction Co., Ltd., and engaged in apartment sale contracts.
On January 16, 2007, the Defendant received 80 million won from the victim E to the bank account in the name of the Defendant’s mother FF bank account (Account Number: G) under the name of the purchase price for 1 bonds of the cooperative apartment in Gyeyang-gu, Namyang-gu, Namyang-si (hereinafter “the first sale price”), and transferred 75 million won from the victim to the above bank account on February 23, 2007 under the name of the purchase price for 1 bonds of another cooperative apartment (hereinafter “the second sale price”).
On February 21, 2007, the Defendant borrowed KRW 30 million from the first sale price to H on the wind that he borrowed KRW 80 million to H, and the sale price to be paid for the construction work is insufficient, the Defendant thought that the shortage was the second sale price.
While the Defendant kept the second sale price of KRW 75 million for the victim, on March 9, 2007, paid at will 30 million out of the second sale price for the second sale price for the victim under the name of the first sale price, and around that time, he embezzled the remainder of KRW 45 million for the private use of the Defendant.
Summary of Evidence
1. Each testimony of witness E and I;
1. Application of Acts and subordinate statutes to the details of transactions of self-reliance deposits and copies of passbook transactions in the name of the wife of the J (Appellant E);
1. Determination of the Defendant’s assertion of imprisonment with labor under Article 355(1) of the Criminal Act regarding the relevant criminal facts, Article 355(1) of the Criminal Act regarding the selection of punishment, and Article 355(1) of the Criminal Act regarding the Defendant’s assertion of the Defendant’s assertion of imprisonment with labor, the Defendant stated that: (a) on August 19, 201, the Defendant promised to pay the above 75 million won to E on October 1, 2007, which was prepared on August 20, 2007; and (b) on October 1, 2007, the preparation date of the loan certificate was made; and (c) according to this, I had already transferred the right to the apartment house to E; (d) however, if the Defendant is examined on October 25, 201, he/she