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(영문) 수원지방법원 성남지원 2014.06.25 2014고단711

횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2014 Highest 711] The Defendant became aware of the victims E while working as a brokerage assistant of the “D Licensed Real Estate Agent Office” located in Chungcheongnam-si, 2001.

On November 2003, the Defendant introduced the victim’s 4th floor of the F Officetel in Seongbuk-gu, Seongbuk-si, Sungnam-si, that “If the purchase of land on two lots, such as I and J, it would be possible to obtain profit from the market price.” The Defendant purchased the said G land on behalf of the victim, after being issued KRW 290 million from the victim as the purchase price for each of the above lands, around that time.

Since then, the Defendant, upon receiving a request from the Defendant to resell each of the above lands from the Defendant on November 20, 2006, sold the J land of the Chungcheongnam-gun to the non-K and one other on November 20, 2007 to KRW 170,000,000,000 as the down payment on the same day, and received KRW 17,000,000,000 as the remainder of January 20, 2008, and kept the said money for the victim. At least one month after receiving the said money, the Defendant embezzled the said money by using the Defendant’s personal debt of KRW 120,000,000,000,000 for repayment of the debt borrowed from the Defendant and for the use of the business fund.

[2014 Highest 1025] On March 12, 2010, the Defendant made a false statement to the victim M in the “LA certified judicial scrivener office” located in Chungcheongnam-Namcheon-gu stating that “I would have to repay the money within one week if I lend the money.”

However, when the Defendant borrowed money from the victim, the Defendant had a debt of KRW 190 million against L, and KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Nevertheless, there is a need to do so.