beta
(영문) 서울북부지방법원 2014.01.23 2013고단1705

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 13, 2012, the Defendant: (a) at the office of licensed real estate agents of “C” operated by the Defendant located in Seoul Special Metropolitan City, Nowon-gu; (b) received a request from the victim D to enter into a lease contract of KRW 150 million with the lessee on behalf of the victim; (c) concluded a lease contract of KRW 150 million with the lessee on behalf of the victim on March 17, 2012; (d) concluded a lease contract of KRW 150 million with the former lessee on behalf of the victim; and (e) then, until May 13, 2012, the Defendant embezzled the former lessee’s deposit of KRW 150 million with the former lessee’s account bank in the name of the Defendant’s wife, and embezzled the former lessee’s deposit of KRW 125,765,405,000,000,000,000 and the total of KRW 125,245,251,251.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the lease of apartments, mail, power of attorney, brokerage office registration certificate, and details of account transactions;

1. Article 355(1) of the Criminal Act applicable to the crime, Article 355(1) of the chosen criminal punishment, and Article 355(1) of the Criminal Act do not recover from damage caused by the sentencing of imprisonment, and the defendant, as a licensed real estate agent, has the client’s trust, and is highly likely to be subject to criticism, shall be determined