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(영문) 의정부지방법원 고양지원 2015.07.10 2015고단89

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 a person who runs real estate brokerage business under the trade name of “E real estate” in Pakistan-si.

Around January 15, 2005, the Defendant agreed to sell the instant land to the Korea Land and Housing Corporation on February 5, 2013 after selling it to KRW 208,383,900, and then selling it to the Korea Land and Housing Corporation on February 13, 2013, after completing the registration of transfer under the name of the Defendant and his husband’s husband’s husband’s husband, the Defendant sold it to the Korea Land and Housing Corporation for KRW 208,383,90, and embezzled it by completing the registration of transfer of ownership on the instant land on September 13, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and L;

1. An interrogation protocol on K prepared by the police;

1. Details of deposits in liquidation loans, interest on loans, a certified copy of a register of accounts, certificates of deposits without passbook, notes drawn up by complainants, promissory notes, contracts for sales of land, and transactions of passbooks;

1. In the investigation report (the report on the attachment of the certificate of completion of real estate registration of this case owned by the complainant, the land cadastre and the appendix of the land use planning confirmation source), the defendant and his defense counsel suggested that the defendant would purchase the land of this case from the victim at around 2008 and consented to the purchase of the land of this case at KRW 90 million, and then, around April 6, 2009, the defendant borrowed the land of this case at KRW 150 million as security and paid the above payment to the victim, thereby the title trust is not established.

However, according to the above evidence, the victim provided the land of this case as security on April 6, 2009 at his own discretion and borrowed KRW 150 million, and later, he knew of this fact and agreed with the defendant so that he would use KRW 60 million and KRW 90 million, and then received promissory notes from the defendant.