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(영문) 수원지방법원 성남지원 2016.06.15 2014고단2753

횡령

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 23, 2014, Defendant B was sentenced to two years of imprisonment for fraud, etc. at the Suwon Friwon, and the judgment became final and conclusive on October 30, 2014.

Defendant A is the representative director E of the private office building E, Defendant B is the president E of the private office building E and the president of the FF corporation.

On July 30, 2010, the Defendants decided to purchase G and G, other than the public prosecution around July 30, 2010, and to make investments in KRW 7,934 square meters in KRW 2.4 billion in KRW 1/3,000. Of the purchase price 2.4 billion, the Defendants paid KRW 24,000 million in KRW 12,000 per the victim and G around July 31, 2010, KRW 240 million in KRW 240 million in the part payment, and KRW 20 million in the part payment, KRW 12,00,000 in each amount of KRW 12,40,000 in the part payment, KRW 240,000 in the part payment, KRW 2.4,000 in the land purchase fee from October 30, 201 to KRW 50,000 in the part payment to Defendant A, respectively, and KRW 1,500,000.

The Defendants, until July 31, 2010, transferred the victim part of the down payment of KRW 240 million to Defendant B by the victim, Defendant J received the remainder from G to use it as land down payment.

Criminal facts

On July 30, 2010, the Defendants: (a) transferred KRW 170 million in the foreign exchange bank passbook (Account Number) in the name of the head of the foreign exchange bank (K) in the name of the Defendants designated by the Defendants from the victims on the land in the name of the head of the building office E; (b) around September 10, 2010, the sum of KRW 20 million in the single bank passbook (Account Number L) in the name of Defendant A, and KRW 190 million in the total of KRW 190 million in the purchase price of the said real estate for the victim; and (c) remitted the money to the intermediary as the down payment in the name of KRW 10 million; (d) around August 11, 2010, the Defendants arbitrarily embezzled the Defendants’ operating funds, debts, and living expenses of the Defendants, such as the payment of KRW 4 million in the form of N-month, which is an employee of the Defendants’ company.