횡령
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On January 10, 2013, the victim C provided joint security and borrowed KRW 375 million from the Kmmna Agricultural Cooperative with the maximum amount of claims 450,500,000,000 won from Incheon Strengthening-gun, E, F, and G (hereinafter “the instant real estate”) owned by the victim on January 10, 2013, but the Kmna Agricultural Cooperative failed to repay the above loan, and the auction procedure was initiated on October 25, 2013, when the real estate was sold through auction, it is likely that the Kmna Agricultural Cooperative will incur financial loss due to low successful bid if the instant real estate was sold through auction. The Defendant delegated the sale of the instant real estate to the purchaser or the Defendant, thereby acquiring the right to sell the instant real estate for the victim on February 20, 2014.
2. The Defendant committed the crime: (a) on June 27, 2014, at the I real estate located in H in Incheon, Incheon, the purchase price of the instant real estate is KRW 585 million; (b) concluded a sales contract with the purchaser to take over loans of KRW 350 million to K and K; (c) interest thereon; and (d) auction-related expenses; and (c) paid KRW 20 million from the said purchaser as the down payment; and (d) around July 16, 2014, the said purchaser received KRW 188,266,312 as the remainder of the instant real estate from the M&A office located in Incheon, Incheon, to receive brokerage fees and introduction fees for the instant real estate; and (e) around that time, he/she received KRW 70 million from the victim’s father, who received KRW 32 million from the victim’s father, 98,136, and 312, who was in custody of the victim to return the leased apartment deposit.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Statement made by the prosecution against C;
1. Each written confirmation ofO and P;
1. A complaint;
1. All certificates of each registered matter, each real estate transaction contract, and recording notes;