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(영문) 인천지방법원 2015.12.15 2015노3491

횡령

Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant paid all KRW 500 million to the victim, and only received part of the payment from the victim as the consideration for the brokerage of the sales contract. 2) The Defendant was delegated by the victim with the authority to sell the entire ten parcels of land at a certain amount, and the Defendant received the purchase money from the buyer and paid only the above certain amount to the victim. Therefore, it is difficult to deem that the Defendant had the intent of embezzlement or illegal acquisition.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below.

1) On May 2007, the Defendant specified each land as AE (hereinafter the same shall apply) owned by the victim, and only as the lot number.

(2) On May 207, the victim made a proposal to sell the land located in this case, and the victim consented thereto. Accordingly, on May 20, 2007, the victim delegated the defendant with all of his/her authority related to the sale of the land at 5,725 square meters (hereinafter “each land of this case”) from among the answer, return AG, PaH, MAH, MAH, MAJ, PaJ, PaJ, PaJ, PaJ, return L, return K, and answer L L, and the defendant fully pays taxes and expenses after the sale of each land of this case, and when the victim deposits the purchase price of KRW 4.5 billion excluding the above expenses into the head of Tong, the victim completed a power of proxy to transfer the documents necessary for the transfer of the name to the defendant (hereinafter “the proxy of this case”).

(2) On February 15, 2008, the Defendant entered into a contract with P, etc. on behalf of the victim on behalf of P, etc. to sell 14,380 square meters out of each of the instant land at KRW 6,525,00,00,000 among the instant land.

According to the above contract.