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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On July 1, 2015, the Defendant was sentenced to two years of suspension of execution for occupational breach of trust in Seoul Western District Court on October 1, 2015, and the judgment became final and conclusive on November 13, 2015.
C as the actual representative of D Co., Ltd. (hereinafter “D”) established for the purpose of selling real estate and selling real estate by proxy, etc., concluded a sales contract with E clan on February 25, 2010, which was divided into H, I, J, K, and L with a part of the above forest land of the wife population G 250,631 square meters (as of April 28, 2010, part of the above forest was divided into H, I, J, K, and L, and on May 26, 2010, partially paid down payment out of the purchase price, but the Defendant was delegated by C as a certified judicial scrivener the duty of transferring the registration related to the sale of the above land.
"2016 Highest 185"
1. On May 22, 2010, the Defendant, at D’s sales office located in N in the wife population, promised to purchase part of D’s land located in the wife population M (area 502 square meters) from D to purchase KRW 13,68 million, down payment 27,360,000 from D to the victimO who entered into a sales contract to purchase part of D’s land located in the wife population M (area 502 square meters) from D to the completion of the registration of transfer of ownership.
“Along with the letter of undertaking,” and the victim received KRW 27,360,00 from the bank account under the name of the defendant on the same day from the victim, and accordingly, the victim was obligated not to arbitrarily dispose of the said money, such as managing the said money with the care of a good manager until the victim’s ownership in the name of the victim on the said land has expired with the previous registration, and delivering the said money to another person prior to the completion of the registration.
C is in the position of the defendant to handle other's business as above and in the name of the victim.