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A defendant shall be punished by imprisonment for four years.
13 million won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
1. The victim B and the victim C wish to share the proceeds accruing from selling real estate at auction with the victim B and C in equal installments. On November 25, 2013, the defendant awarded a contract for the amount of KRW 1,40,000 in total of KRW 1,30,880,000 with the defendant's loans from the victims and awarded a contract for the amount of KRW 4,30,880,000 with the defendant's husband E and the victims' joint ownership at around March 17, 2017, the above building was sold to F for KRW 6,50,000,000 among them, and returned to the victims, and if the remaining refund 140,000,000,000 won was not settled among the partners, if the person who has no right to arbitrarily dispose of the property of the partner's joint ownership belongs to the partner's own share of the embezzlement, then if the person who arbitrarily kept the property of the embezzlement was not authorized to dispose of the whole amount of the property of the embezzlement.
(See Supreme Court Decisions 81Do2777 delivered on September 28, 1982, and 95Do2824 delivered on March 22, 1996, etc.). The Defendant appears to have agreed to sell the instant real estate to the victims and to divide the remainder, excluding the cost, into three equal parts.
The cost shall consist of (1) the purchase cost of the instant real estate and (2) other expenses incurred in the process of purchase and sale.
(1) The cost mainly consists of KRW 140,000 and the Defendant’s loans of KRW 298,880,000 ( = KRW 438,880,000 for purchasing real estate - KRW 140,000 for the victims’ investments) that the victims have invested, and the other cost consists of KRW 70,000,00 (Evidence 6 pages) confirmed by the victims.
① Of the expenses, the Defendant returned only KRW 298.8 billion to the victims and KRW 100 million invested funds, and ② Other expenses seem to have been fully paid.
The Defendant committed the instant crime before completely settling the proceeds from the instant real estate.