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(영문) 부산지방법원 2015.01.08 2012고단1793

업무상횡령등

Text

Defendants are innocent.

Reasons

【Public Prosecutor’s Office】

1. Defendants A’ occupational embezzlement is a person who operates real estate brokerage business in the operation of the E-real estate office in Gangseo-gu Busan Metropolitan Government D, and Defendant B is an employee of the E-real estate office operated by Defendant A.

The Defendants operated the real estate brokerage business as above, and recommended the victim FF to make an investment in the G Complex sale right in the above E-real estate, and the Defendants and the victims made an application for subscription to the sale of the real estate by lending the name of the son.

On August 2, 2005, as the result of the winning in the name of Defendant B’s wife and I living on the first floor of the building of the building of the above E, in the unsold housing unit of Gangseo-gu Busan Metropolitan City on August 2, 2005, the victim paid H the subscription price of KRW 78,93,000 and the case price of KRW 10,000,000,000, and the victim paid the subscription price of KRW 74,414,000 and KRW 125,000,000,000,000, respectively.

The Defendants, around August 2005, delegated the conclusion of the contract and the receipt of the purchase price to the victim, stating that “The representative K seeks to purchase an industrial site in the G complex under the name of I and H as non-funds.”

On August 24, 2005, the Defendants entered into a contract with the above K to sell the industrial site in the G complex under the name of the above I and H for a total of KRW 922,607,00,000. The Defendants conspired to use the above amount without paying part of the amount to be paid in cash or check because K paid the purchase price with non-funds, and embezzled it by using it for personal purposes, such as the payment of election funds to Defendant A, the Defendants’ investment in apartment sale right, etc. from August 24, 2005 to December 27, 2005 without paying part of the above amount to the victim. The Defendants embezzled it by using the total of KRW 386,000,000 for six times from August 24, 2005 to December 27, 2005.

2. Defendants I and H-H.