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(영문) 광주지방법원 순천지원 2016.11.16 2015고단1938

횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the above decision is delivered to the defendants.

Reasons

Punishment of the crime

1. On October 10, 2008, the Defendant: (a) entrusted the victims with the authority to enter into a trade agreement and receive the purchase price for shares of G, H, I, and I, 300/7,537, out of 7,537 square meters of F forest land at an infinite site; (b) sold the said forest shares at KRW 18 million to J around February 22, 2012; (c) sold the said forest shares at KRW 26,80,000 to the Defendant of the victim H in the purchase price; (d) KRW 26,30,000,000 for the payment of the borrowed amount to the Defendant of the victim H in the purchase price; and (e) KRW 5,36,00,000,000,000 for the survey expenses for land division after deducting KRW 1,360,000 for the victims; and (e) embezzled the remaining KRW 88,360,000 for personal consumption or commission of the victims.

2. Around October 18, 201, Defendant B, without registering the establishment of a brokerage office, arranged a contract to sell 300/70/7,537 shares of 7,537 square meters of F forest land in the inf forest land, which is owned by G, etc., at the MP-type Ma-type Mad Office, G, etc., and carried on the brokerage business after obtaining KRW 10 million from the seller.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, K, and I;

1. A forest land register, a copy of an I head of a Tong, a certificate of confirmation, all registered matters, a certificate of liquidity transactions, an inquiry into the details of transactions of self-reliance deposits, and a copy

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, Defendant B who has chosen imprisonment: Article 48 Subparag. 1 and Article 9 of the former Licensed Real Estate Agent’s Business Affairs and Report of Real Estate Transactions Act (Act No. 7683, Jan. 30, 2006); Articles 48 Subparag. 1 and 9 of the former Licensed Real Estate Agent’s Business Affairs and Report of Real Estate Transactions Act;

1. Defendants: The reason for sentencing of Article 62(1) of the Criminal Act [the decision of type] is the recommended field of embezzlement and breach of trust (100 million won).