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(영문) 수원지방법원 2019.09.19 2018고단6154

횡령

Text

The defendant shall be innocent.

Reasons

1. Around October 2010, the Defendant recommended the victim B to purchase the studio E located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, to purchase money as soon as redevelopment is possible, and the victim, upon the Defendant’s recommendation, purchased the above studio at KRW 125 million and concluded a sales contract.

However, on August 6, 2010, F, the original owner of the building, obtained a loan and completed the registration of preservation of ownership in the name of Dong C, and on August 6, 2010, G, the wife of F, took charge of the sale and management of the said building. At the time, F, under the circumstances that financial resources, such as loan obligations, etc., make a prior contract for the sale of the said building amounting to KRW 150 million and received KRW 27.5 million as the down payment and the intermediate payment, the ownership registration was transferred to H on August 13, 2010. However, H, upon discovering the fact that the joint security and the second priority mortgage was established prior to the sale contract for the said building and demanding H to cancel the contract and return the down payment and the intermediate payment, H, thereby selling the said studio to another person immediately. In the process, the first victim’s purchase of the said KRW 150 million,500,000,000,000.

Around March 9, 2011, the Defendant: (a) received 2 copies of KRW 10 million check and 10 million check as down payment from the victim as the down payment; (b) transferred KRW 15 million as the intermediate payment on March 24, 201; and (c) received KRW 5 million in total from the victim to the I Bank account in the name of the Defendant; and (d) received KRW 75 million in cash as the purchase price as of May 24, 201; and (e) received KRW 5 million from the victim and received KRW 75 million in the remainder of the purchase price from the Defendant to transfer directly to the secured creditors established in the above I Bank; and (e) made the victim transfer directly to the secured creditors on May 24, 2011. < Amended by Act No. 10747, May 24, 2011>