(영문) 의정부지방법원 2015.11.19 2015고정380

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Reasons

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줄 간격

자간(%)

(영문) 의정부지방법원 2015.11.19 2015고정380

횡령

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1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant entered into an agreement on the factory site development project with F, the representative director of the victim E, the victim E, in the D hotel coffee shop located in Seoul Special Metropolitan City on August 9, 2013, and F, upon which the Defendant received KRW 20 million from the victim and kept the same for the victim, by receiving KRW 20 million from the victim, as the Defendant arranged the land purchase fund for joint business as much as the Defendant arranged the land purchase fund for joint business, and there is a risk that the suspension of the business would be difficult for the victim to enter into the contract, and the Defendant shall bear all the expenses, such as interest, etc., if the contract is suspended.

On August 26, 2013, the Defendant notified the victim of the termination of a joint agreement at the I coffee shop located in Seoul Special Metropolitan City H of the termination of the joint agreement, and received notification of the termination of the sub-contract and demand for the return of the contract deposit on September 3, 2013, the Defendant arbitrarily consumed the contract deposit amount of KRW 20 million and embezzled it around that time.

Summary of Evidence

1. Each legal statement of the witness F and J;

1. A joint project agreement;

1. According to the above evidence of notification of termination of the contract, demand for return of contract performance guarantee, and reply, this case’s performance guarantee agreement is to guarantee the defendant’s damage where the contract is terminated due to the victim’s reasons even though the defendant raised the agreed funds, and where the contract is terminated after the defendant actually raised the agreed funds, the performance guarantee is settled according to the amount of the defendant’s damage. Meanwhile, it can be acknowledged that the defendant was unable to use the above deposit until he raised the agreed funds, and that the contract is to be returned to the victim without asking for whether

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