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(영문) 인천지방법원 2018.09.13 2017고단3691

횡령등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. On September 29, 2009, the Defendant was delegated with the authority to conclude a sales contract by the injured party B to purchase the land of 900 million won in the Dong-gu Incheon Metropolitan City, Incheon, which is a social welfare foundation C, in the form of a social welfare foundation D, E, F, G, H, and 5, and was granted KRW 120 million from the injured party as the down payment and delivered KRW 120 million from the third party, a sales agent, KRW 120 million as the down payment.

Around October 2010, the Defendant did not notify the victim of the fact that the sales contract was canceled due to a lack of permission from the Incheon Metropolitan City Office for the sale and purchase of the above land. From February 8, 2010 to January 14, 201, the Defendant returned the sum of KRW 19.65 million from I to the account in the name of the Defendant for the return of the down payment, and embezzled the Defendant for personal use, such as the purchase of the second and second vehicles.

2. On May 18, 2012, the Defendant was given the victim B the authority to sell the building on a side-to-face basis to the auctione.

In order to purchase one of them, it was called "a contract deposit which is 10 million won or more".

However, even if the defendant borrowed money from the injured party, he was thought to use it for the cost of living, and there was no intention or ability to pay it.

As such, the Defendant, by deceiving the victim, was transferred KRW 10 million to the J bank account (K) in the name of the Defendant from the damaged party.

3. On June 27, 2012, the Defendant calls to the victim B, and “The Plaintiff will be registered as a senior executive director of the KCAB, a pharmaceutical company,” and the Plaintiff will receive 120% medicine of the acquisition price if the real estate is provided to the pharmaceutical company as security.

In order to provide as security, it is necessary to purchase the land and building of the Nam-gu Incheon Metropolitan City, and it is necessary to pay 6 million won as brokerage commission, and later, it is required to fully repay all borrowed money from a building that is borrowed as security.

However, in fact, the defendant thought to be used for the cost of living and borrowed money from the victim.