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(영문) 수원지방법원 성남지원 2013.05.10 2012고단598

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant was a person in charge of real estate brokerage and sales, and worked as an employee in the real estate C in Yeong-gun, Chungcheongnam-gun, 2006.

On June 15, 2006, the Defendant: (a) mediated the purchase and sale of a resident’s right to purchase and sell a residential area for the supply of the land for the supply of the land to the YF under the name of E to the victim D; (b) it was confirmed that E had consulted after the date of the public notice of the approval of the project of the Korea Land Corporation; and (c) it was impossible to receive a sale right due to falling short of the qualification; (d) returned the purchase price of KRW 19 million from E on June 30, 2007 to the victim and embezzled it for personal use, such as the advance payment of other sales rights secured by the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act: Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);