(영문) 수원지방법원 평택지원 2018.06.27 2017고단1540



A defendant shall be punished by imprisonment for not less than five months.


Punishment of the crime

On November 23, 2016, the Defendant, while running real estate brokerage business with the victim C’s father D, had the victim and the victim and the F arranged the sales contract between E and E with respect to the land and the building on the ground, where the victim was aware of, around November 23, 2016.

On November 24, 2016, the Defendant made an agreement with the victim to succeed to the right to collateral security established on the said real estate by F. F. F. F. F. F. F. F. F. F. F. (i.e., to obtain a loan from G as collateral, to cancel the existing collateral security established in the H future with the loan from the said real estate, and to require F to repay all the amount of the G loan principal, and then to have F.F. borrow a loan of KRW 480 million from G to KRW 480 million on November 28, 2016, the Defendant got the victim to keep the amount of KRW 120,000,000 remaining after repayment of KRW 350,000,000 from H. G. (Account number I) in the name of the victim.

On November 28, 2016, the Defendant arbitrarily used the total amount of KRW 3,8377,00,000,000 for 21 times between around 17:11 and around 2, 2017, as described in the separate list of crimes in the following manner, from around that time to around 2017, the Defendant transferred the amount of KRW 19:50,000 to the Defendant’s automobile premium.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Statement made by C by the witness in the fourth public trial protocol;

1. Entry of the defendant in C in the second interrogation protocol of the police officer twice against the defendant;

1. Statement made by the police against C;

1. A copy of a real estate transaction contract;

1. A copy of a letter of undertaking;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommended sentence] Class 1 (the scope of punishment less than KRW 100 million). The mitigation area (one month to ten months from imprisonment) (a special mitigation person).