횡령
The accused shall publicly announce the summary of the judgment of innocence against the accused.
1. On May 18, 2015, the Defendant entered into a contract to sell D forest land owned by the Defendant to the victim C, and entered into a delegation contract to purchase the land E and seven (7) papers, which can be used as the access road to the said real estate, with the purchase price of KRW 250 million in the purchase of the land to the access road, and received 60 million down payment from the damaged party to the agricultural bank account under the name of the Defendant on the same day.
While the Defendant kept the above money for the victim, on May 19, 2015, used 20 million won to repay personal debt to F, etc., and embezzled 30 million won for personal purpose from around that time to August 10, 2015.
2. Determination
A. The principal agent of embezzlement is a person who keeps another’s property and must determine whether it is another’s property in accordance with the Civil Act, the Commercial Act, and other substantive laws.
Since custody in embezzlement means the possession of property through a consignment relationship, in order to establish embezzlement, there is a legally or de facto consignment relationship between the custodian of the property and the owner of the property.
B. The instant facts charged constitute embezzlement, while the Defendant was in custody for the victim the “before the gold,” which the Defendant received under the delegation contract, and embezzled it for personal purposes. As above, there is a fiduciary relationship with respect to the entrustment of money for the purpose of embezzlement to use the money received from the injured party.
Accordingly, according to the evidence, the defendant, around May 18, 2015, entered into a delegation contract with the victim on the part of the access site to the above land, E, which is part of the access site to the above land, to purchase at approximately 250,000,00 won for the purchase of approximately KRW 10,000,000 from the victim's account in the name of the defendant, and then received KRW 60,000,000 from the victim's account in the same day to the agricultural bank account in the name of the defendant. ②