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(영문) 수원지방법원 2015.03.26 2014고단6850

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

1. The Defendant, from around February 14, 2014, employed a certified judicial scrivener D in Yeongdeungpo-gu, Young-si, Young-si, a person who leased his name to a certified judicial scrivener office and operated it, and when a customer purchases a house, etc. with a loan from a financial institution, he/she received the loan from the financial institution, and performed as an agent the establishment and cancellation of the right

On June 30, 2014, the Defendant received total of KRW 214,320,000 from the victim G for the purpose of the purchase and sale of apartment mortgage and embezzled KRW 15,926,731 for the purpose of the purchase and sale by paying the remainder of KRW 198,39,269 to the apartment owner for the remainder of the purchase and sale.

2. On July 16, 2014, the Defendant: (a) received KRW 260,403,890 from the organizing branch of the damage company at the foregoing D D D’s office for the purpose of repaying the obligation to lend I bank loans from the D’s office; and (b) embezzled the damaged company by arbitrarily consuming personal debt, etc. around that time.

3. Around July 1, 2014, the Defendant received 109,965,000 won as the name of the purchase price of housing from the J from the (J) Seoul Yang Savings Bank, a victimized company, from the said place, and embezzled the Defendant for personal debt repayment, etc. around that time.

4. On September 7, 2014, the Defendant received KRW 64,516,710 from the branch of the foreign exchange bank, the victimized company, at the same place, and embezzled the damaged company’s business for the purpose of using it as funds for the purchase of K’s factory. At around that time, the Defendant used the damaged company’s personal debt, etc. with his/her own discretion.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Each police protocol of statement against L, G, M, N, andO;

1. A complaint(G, Cze Bank) and a statement of transactions;

1. Complaints (L, Cze Bank) and Statement of Transactions 1.