beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Around December 2009, the Defendant received a request from the victim to purchase his/her furniture, such as tables and chairs, from “E” restaurant operated by the victim D in Seocho-gu Seoul Metropolitan Government.
On December 31, 2009, the Defendant: (a) purchased the table, etc. from F on December 31, 2009, KRW 2 million from the victim to the bank account in the name of the Defendant; (b) KRW 3 million from the said account on February 22, 2010; (c) KRW 20 million from the said account on March 12, 2010; and (d) purchased the table, etc. from G on March 29, 2010 and embezzled it for personal use from the Defendant at will on March 29, 201.
2. On March 2010, when the Defendant came to know of the victim’s mother H’s possession of land and J land in the instant “E” restaurant, the Defendant stated that “the victim may alter the victim’s land to a planned control area by changing the form and quality of the land owned by her mother to a planned control area by changing the building-to-land ratio and the volume ratio to be used to a factory at a height of the factory, and if a factory is leased after obtaining permission for a factory, the Defendant may bring about approximately KRW 10 million of rent in the month, so that he/she may bring about a change in the form and quality of the land and the cost of authorization and permission.”
However, since the defendant thought that he will receive money from the victim for personal use, he did not have the intention or ability to allow the victim to engage in rental business after obtaining permission for factory construction on the above land.
On March 15, 2010, the Defendant: (a) by deceiving the victim; (b) transferred KRW 12 million to the bank account under the name of the Defendant for authorization and permission expenses; and (c) received KRW 4 million in cash in the name of a patrolman on March 2010; and (d) granted the authorization expenses on March 20, 2010.