횡령등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. From April 16, 2012 to August 1, 2012, the Defendant was in custody of the victim for a total of KRW 180,000,000,000,000,000 from June 25, 2012 to July 30, 2012, while he/she was transferred to the bank account in the name of the Defendant for the victim for the purchase money for KRW 201 and KRW 205,00,000,000 from Geumcheon-gu Seoul Metropolitan Government for the purchase money for the above KRW 103,202,203 and KRW 301,00,000,000,000,000 from Geumcheon-gu Seoul Metropolitan Government for the said purchase money. Around that time, the Defendant used the remainder of KRW 70,00,000 from Geumcheon-gu for the purchase money for the above KRW 103,202,203,301.
Accordingly, the defendant embezzled the victim's property.
2. A person who intends to engage in brokerage business in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office.
Nevertheless, without registering the establishment of a brokerage office in Geumcheon-gu Seoul Metropolitan Government, the Defendant entered into a sales contract of KRW 230,000,000 for the purchase price of KRW 201 between the seller G and the buyer and one other, as of June 25, 2012, and around June 29, 2012 between the seller and the buyer and the seller J and one other, respectively, as to the purchase price of KRW 230,00,000 for the above D Houses 205, respectively, and received KRW 80,000,000 from H and J’s father C as a brokerage fee.
Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office to the competent authorities.
Summary of Evidence
1. The legal statement of the witness C;
1. Partial statement of the defendant;
1. Examination protocol of the accused by the prosecution (including the C’s statement part);
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 355 of the Criminal Act concerning criminal facts and the choice of punishment