beta
(영문) 서울북부지방법원 2014.12.19 2014고단2196

횡령

Text

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

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to imprisonment with prison labor for a period of three years and six months at the Suwon District Court on August 12, 2010

9.15 The above judgment became final and conclusive.

【Criminal Facts】

The Defendant entered into a contract for the sale of forest land with the victim C, and received KRW 195 million as the purchase price, but did not transfer the ownership of the forest land subject to the sale. However, the Defendant was delegated the right to sell the forest land of this case by selling the forest land of this case by selling two times or more of the forest land of this case in the name of the victim, among the 6,611 square meters of F forest land, 24/53 of the 6,611 square meters of forest land, and 1,653 square meters of G forest under the name of the victim (hereinafter “the forest of this case”), while having entered into a contract for the registration of ownership transfer under the name of the victim (hereinafter “the forest of this case”).

On July 30, 200, the Defendant entered into a contract to sell the instant forest to J and K for KRW 300,000,000, in that place, received KRW 150,000 as a down payment and an intermediate payment, and kept for the victim, the Defendant paid KRW 30,000,000 among them to L for the introduction fee, and KRW 50,000,000 has been lent to M for personal use. KRW 20,00,000 has been consumed for personal use, and embezzled KRW 10,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of L, N,O, or M by the prosecution;

1. A protocol concerning suspect examination of L, N,O, or M;

1. Statement of the police statement regarding C;

1. A certified copy of the register, related civil judgment, receipt copy, and proxy copy;

1. Investigation report (K Telephone Investigation for Witnesses);

1. Previous convictions as indicated in the judgment: Information on the results of confirmation before and after the disposition, personal records, and criminal records.