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(영문) 인천지방법원 2013.11.26 2013고단3638

횡령

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2012, the Defendant entered into a contract with the victim C to sell multi-household houses in Seo-gu Incheon Metropolitan City, and concluded a sales contract with the victim C to enter into a contract to sell multi-household houses and to collect and manage the sales price.

On December 3, 2012, the Defendant received 16,00,000 won from E, a tenant of the above multi-household 202, as the remainder of occupancy, and embezzled it for the victim at around that time.

The Defendant, including that, from that time until March 5, 2013, embezzled total of KRW 122,30,000,000, such as the remainder of the occupancy from the occupants, as shown in the attached list of crimes (1), for the victim, arbitrarily used the same as the repayment of personal debts, etc. for the victim.

2. Around May 1, 2012, the Defendant entered into a sales agency contract with the victim F and the 48 generation units of the Seo-gu Incheon Seo-gu G building. From June to June 7, 2012, the Defendant entered into a sales agency contract with the two households of the same H building as the victim and entered into a sales agency contract with the two households of the same Gu H building and entered into a sales agency contract with the victim to collect money and manage the sales price for the said H building and G building.

On August 10, 2012, the Defendant received KRW 158,500,00 from I, an occupant of the H building 502, and embezzled KRW 10,000 among them for the victim at his/her own discretion under the pretext of personal debt repayment, etc.

The Defendant, including this, embezzled the total sum of KRW 188,556,284, such as the remainder of the occupancy from the occupants, from October 30, 2012 to October 30, 2012, under the custody of the victims, arbitrarily used it as the repayment of personal obligations, etc.

Summary of Evidence

1. Defendant's legal statement;

1. F statement in the police interrogation protocol of the accused;

1. Each police statement concerning C and F;

1. Each contract for parcelling-out;