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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On March 11, 2016, the Defendant was sentenced by the Ulsan District Court to a violation of the Attorney-at-Law Act, etc., and the said judgment became final and conclusive on May 16, 2016.
【2016 Highest927】
1. Around 2008, the Defendant, who embezzled the victim C, purchased a 18,632m2m2 in racing-si, such as the victim C (Nam and 53 years of age) while operating a real estate brokerage office called “E real estate” in the racing-si D.
Around August 24, 2009, the Defendant entered into a contract to sell 3960 square meters, part of the above land, to G at KRW 240 million, and received a total of KRW 90 million from the above G as the down payment and intermediate payment, and embezzled 26 million among them for personal purposes, such as living expenses, etc.
2. Around December 7, 2009, the Defendant entered into a false statement that “The Defendant would receive a loan from the victim H as collateral for the new construction of a new building at the Young-gu Integrated Construction Office in Ulsan-gu, Ulsan-gu (U.S.) Seocheon-gu, U.S. and three lots of land and the new construction of a new office.”
However, the Defendant had no property to pay the construction cost even if the victim completed the construction due to bad credit standing, and had a debt equivalent to 21 million won from C of the above Paragraph (1). The Defendant had already completed the construction of the building with the maximum debt amount of KRW 710,00,000 on the collateral of the two-way site, which was already difficult to pay the construction cost due to the loan even if the Defendant completed the construction as collateral.
As such, the Defendant, by deceiving the victim and allowing the victim to perform construction works equivalent to KRW 256,96,40 from September 201, from that time to that time, acquired pecuniary benefits equivalent to that of the said amount.
3. On October 9, 2010, the Defendant was guilty of the cost of construction against the victim K, and the factory site for one parcel other than L on a racing-si and the site is installed, and the victim K shall be construed as “clicker, etc.”