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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On July 25, 2014, the Defendant was sentenced to five months of imprisonment for fraud at the Daejeon District Court on August 2, 2014, and the judgment was finalized on August 2, 2014. On December 18, 2014, the Defendant was sentenced to one year of suspended execution for embezzlement at the Ulsan District Court for a period of four months, and was currently pending in the trial at the appellate court of the Ulsan District Court, and was more than four times of the same record.
【Criminal Facts】
1. On December 10, 2010, the Defendant, at the office of “T,” operated by the Defendant in Namyang-si, Namyang-si, as of December 10, 201, arranged a contract for the transfer of the right to sell in lots between the transferor V and the transferee, and the victim W, who is the transferee, transferred the right to sell in lots to KRW 575 million, and received a request from the victim for the Defendant for the payment of KRW 150,50,000 from the loan debt related to the right to sell in lots on behalf of the Defendant.
The Defendant, from October 2009 to March 26, 2010, received a total of KRW 150,50,000 from the victim to the repayment of the above loan, and was in custody of the victim for the payment of the loan. On October 2009, the Defendant embezzled the above money by arbitrarily using 52,50,000 won among the above money for personal purposes, such as real estate office expenses, etc.
2. On December 12, 2013, in the Y apartment sales office located in Songpa-gu Seoul Y apartment sales office, the Defendant made a false statement to the victim Z by stating, “Until December 15, 2013, the Defendant would make a contract for the right to sell the above apartment units 104, 107, 1405, 103, 604, 108, 904, 101, 1404, 101, and 1404.”
However, in fact, the defendant did not have the ability to conclude a contract with the construction executor of the apartment, the exercise of the sale unit, or the sale unit of the apartment with respect to the above five apartment bonds in advance, nor did the victim have the ability to conclude the sale contract for the above five apartment bonds.
As above, the Defendant deceivings the victim, and thereby deceiving him/her from the victim, shall be KRW 20 million on December 12, 2013.