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(영문) 수원지방법원 안양지원 2013.09.26 2012고단645 (1)

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

While the Defendant worked as a assistant of the office of the real estate intermediary in the name of the “Creal estate” in Ansan-si, Ansan-si in 201, the Defendant received a request from the victim D to arrange for the sale of the right of lease to the restaurant building and site located in the cafeteria-si F by August 31, 2014, in which the victim and Dong E paid monthly rent of KRW 30 million from the victim D and Dong E, and until August 31, 2014, the Defendant was requested to sell the right of lease to others.

Around May 19, 2011, the Defendant exchanged the victim’s right to lease and 104 dong 104 with a tenement house (C) owned by G in Gangseo-gun, Gangseo-gu, Gangwon-gu, G, and obtained loans from financial institutions as security KRW 45 million in KRW 15 million out of the above apartment house divided by G, 30 million, and planned again to sell the above apartment house to a third party at a price of at least KRW 20 million, and concluded a water exchange contract. However, the Defendant concluded a water exchange contract with a water exchange contract with a third party after preparing a water exchange contract with the third party to pay KRW 50 million in KRW 50,000,000 from the said apartment house to the third party, on June 9, 2011, the water exchange contract was nonexistent between the owner of the above apartment house and the third party to whom the ownership of the said apartment house is transferred. After July 2011, the Defendant transferred the above apartment house to the above G and the above KRW 50 million.

In the process of mediating the right to lease of a victim to transfer or exchange real property to G by the foregoing method, the Defendant received KRW 3 million from G as a down payment, around May 19, 201, to the account under the name of the Defendant, as well as KRW 1 million around June 2, 201, KRW 2 million around June 13, 201, KRW 510,000 around July 7, 201, KRW 500,000 on July 20, 201, KRW 500,000 on the same day, and KRW 2 million around August 4, 2011, and embezzled the said right for personal consumption for the victim’s consumption with the above KRW 14 million for the said G or G.