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(영문) 서울북부지방법원 2018.05.16 2017고단783

횡령

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant is the representative director of the sales agency B.

On November 12, 2009, the Defendant entered into a contract with the victim C, D representative E, and approximately 50,000 square meters for sale on behalf of the victim, with the content that “(i) the period of sale on behalf of the victim: from November 12, 2009 to November 15, 2010; ② the sale price and the sale price: 4.50,000 won per square year: if the victim sold the sale on behalf of the victim at a higher price than the above sale price, 30% of the sale price shall be paid to the defendant as the commission, and 50% of the sale price shall be paid as the commission if the victim sold the sale at a higher price than the above sale price; ③ the sale price received from both portions shall be paid in full to the account of the certified judicial scrivener in charge of the management of the sale fund designated by the victim; and the sale price paid by the parties only for a certain purpose, such as the

In the event that the defendant sold the above land to several parties and received the sale price pursuant to the above agency contract, the defendant has a duty to transfer the sale price in full to G to the account of the certified judicial scrivener managing the above sale fund, despite the fact that he had a duty to transfer the sale price in full to G around November 4, 2009, 8 million won of the down payment, while selling the above land to G around November 4,

9. While an intermediate payment of KRW 27 million was transferred to the account under the name of each of the accused and kept for the victim, the said money was not remitted to the account of the certified judicial scrivener managing the proceeds of sale and used voluntarily as office operation expenses, etc., and only KRW 1.57 million was transferred to the account of the victim or the said certified judicial scrivener, and then voluntarily used the remaining KRW 445,515,000,000,000 in total, as shown in the list of crimes in the attached Table, while receiving KRW 62,155,000 in total 38 times.

Accordingly, the Defendant embezzled total of KRW 445,5150,000,000, which was kept by the Defendant for the victim.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the accused (including a cross-examination);

1. Statement made by the police with regard to C;

1. A contract for parcelling-out as an agent;