beta
(영문) 서울중앙지방법원 2014.12.05 2013고단4224

횡령

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 2, 2010, the Defendant drafted a memorandum of understanding that the Defendant will pay the remainder of KRW 3 billion until September 15, 2010 to the victim’s payment of the purchase price for G with the victim at the office of Seongdong-gu Seoul F Co., Ltd. (hereinafter referred to as “G”) located in Seongdong-gu, Seoul, but the Defendant would pay the remainder of KRW 6 billion by December 31, 2010.

However, as the Defendant failed to prepare the down payment and intermediate payment 6 billion won to be paid to the victim, if he purchases H tourist hotel in the name of Gangwon-do (hereinafter the instant hotel), around November 2010, he/she proposed that he/she will remodel the hotel at home and sell the hotel and take over G with the proceeds therefrom. On January 28, 201, the Defendant purchased the instant hotel in the name of G in the name of G around 2.45 billion won.

As above, the Defendant had the victim purchase the hotel of this case from January 28, 201 to make the hotel remodeling and opening preparation from the victim.

5. Until November 1, 200, one bank account (I) in the name of the defendant and a national bank account (J) opened in the name of G to allow the defendant to use the amount of KRW 2 billion,9850,000,000,000,0000,000 from the above one bank account to prepare for the remodeling of the hotel and opening of the business of the hotel of this case. The above one bank account was kept in custody for the purpose of the remodeling of the hotel of this case and preparing for the opening of the business of the hotel of this case. It was transferred from the above one bank account to the HSBC bank account (Account Number L) in the name of the defendant's wife and used it arbitrarily for personal expenses

9. By October, 190, a total sum of KRW 157,943,681 was embezzled by 21 times.

Summary of Evidence

1. Legal statement of the witness M;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Each police statement of E and M;

1. Investigation report ( telephone communications with a suspect A);

1. Requests for warrant of search, seizure and verification;

1. The list of crimes;