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(영문) 수원지방법원 안산지원 2017.03.21 2016고단2240

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a certified judicial scrivener who operates the office in Ansan-si B building 204, and C is a defendant's seat and is an operator of construction business D, and E is an operator of F.

C obtained a completion permit by paying KRW 200 million for expenses incurred in various authorizations, such as the payment of electricity, public charges, and expenses incurred in issuing a certificate of completion of septic tanks, which was interrupted by the construction work in Jongno-gu Seoul Metropolitan Government for about 10 years prior to the completion of the construction project, it received an apartment loan as collateral and received a construction cost of KRW 1.3 billion from the lien holder, and 4 households become aware of the ownership transfer to the prop, and of the business that can make profits by selling the 15 households, and recommended investment to E.

E shall prepare project cost of KRW 200 million through other investors, and C shall request C to keep money by designating a certified judicial scrivener who is able to believe that business cost of KRW 200 million is not used for any other purpose, and C shall request the defendant who was scheduled to act as an agent for the registration of the above apartment with interest, and the defendant shall have agreed to keep the money separately so that it can be used for the above project by receiving the above project cost with consent.

The Defendant, from May 15, 2015 to September 17, 2015, in the indictment, including the amount of KRW 80 million paid to each victim, from the victim H, and KRW 40 million from the victim I, which is the investors in receipt of the proposal E in terms of the project cost of the above G apartment, does not specify the amount paid to each victim. However, it is obvious that simple omission was made in light of evidence, and it is judged that the Defendant’s defense does not affect the Defendant’s right to defense, thereby being added ex officio.

A total of KRW 100,000,000, which was kept for victims, was embezzled by voluntarily using C’s other construction cost, vehicle purchase cost, Defendant’s living cost, etc. at the Ansan-si Won around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. I, H, and C: