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(영문) 서울남부지방법원 2014.06.03 2013고단4518

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 7, 2011, the Defendant introduced the Victim D, Victim E, and Victim F through the Seocho Police Officer C, and decided to make an investment in G real estate in Jeonnam-do.

Accordingly, the defendant received KRW 100 million from the above victims, and prepared a total of KRW 600 million including the investment money of himself and H.

After that, on July 22, 2011, the Defendant: the seller’s “(representative H) I” and the buyer’s “1. J Co., Ltd. (Representative K),” and

2. L,

3. M, a real estate sales contract of KRW 1.6 billion was concluded, and a seller transferred KRW 600 million to H A certified judicial scrivener’s N account for down payment and intermediate payment.

However, the sales contract was reversed due to the seller's transfer of ownership by the owner of the real estate, and around September 26, 201, the seller HJ N deposit KRW 605,50,850, including interest, against the buyer's senior certified judicial scrivener NN in the Gwangju District Court.

Accordingly, the certified judicial scrivener on May 10, 2012 received and kept the deposit amount of KRW 605,50,850.

On May 1, 2012, the defendant was delegated by the victims to withdraw their deposits and submitted the power of attorney to the certified judicial scrivenerO.

After that, on June 12, 2012, the Defendant received KRW 404,50,850, including KRW 300,000,000 from a certified judicial scrivener's office to a single bank account under the name of the Defendant's birth P.

While the Defendant kept the deposited money as above, it was false that only part of the deposited money was paid to the victims on June 21, 2012, and transferred only KRW 150 million to the victims, each of which was KRW 50 million, to C, and returned the deposited money to C, and then wrongfully consumed and embezzled the remaining KRW 150 million without returning it.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the Acts and subordinate statutes on witness E and D's statutory statements;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.