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(영문) 부산지방법원 동부지원 2018.04.19 2017고단2618

횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant pays 50 million won to the applicant for the embezzlement. The defendant is entitled to pay 50 million won.

Reasons

Punishment of the crime

On February 4, 2016, the Defendant transferred the right to sell the H building No. 601, which the Defendant purchased from F to the victim C at the E Authorized Broker Office located in Busan Shipping Daegu, Busan, and was delegated with the management of affairs related to all contracts, such as the sale and purchase of the right to sell the H building No. 601, which the Defendant purchased from F, to the victim, and received KRW 60 million from the victim on the same day.

Since July 28, 2017, the Defendant, upon the cancellation of the sale contract between the State (State) F, received the refund of KRW 10 million from the said Company around July 28, 2017, as the sale contract between the Defendant and the said Company was impossible to perform, and the same year.

9.4. Around that time, he/she embezzled the remainder of KRW 50 million by arbitrarily using his/her debt repayment, etc. while keeping the sum of KRW 60 million for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to file an accusation, a copy of the register of real estate, a copy of the certificate of sale delegation, a copy of the investment delegation contract, the details of transactions of speculative accounts in the name of the suspect, and an investigation report (Attachment

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The crime of this case on the grounds of sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Declaration of Provisional Execution, is an officially certified broker and embezzled by voluntary use while the defendant entrusted the handling of administrative affairs related to the right to sell in lots by the injured party and kept the custody of KRW 60 million in relation to the right to sell in lots. The crime is bad in the nature of the crime, and the fact that

However, it is advantageous to the fact that the defendant recognizes the facts charged and reflects the facts charged, there is no criminal record subject to punishment exceeding the same criminal record or fine, and the defendant partially repaid the damage.

(b) other.