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(영문) 대구지방법원 서부지원 2017.08.23 2017고단315
횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After the Defendant met a victim C (n, 44 years of age) who is interested in real estate investment around 2014, the Defendant was a person who had a close relationship with the victim by notifying the victim of information related to real estate investment, etc. and has assisted the investment of real estate by receiving money from the victim.

1. On October 2014, the Defendant collected four victims, D, E, and F, respectively, and made a joint investment in each of the investment amounts of KRW 50 million under the direction of the Defendant, and made a joint investment in the sale right and land, and subsequently sold the proceeds therefrom and settled the proceeds therefrom. Accordingly, from October 2014 to January 2015, the Defendant purchased five apartment purchase rights and land, etc. with the amount received from the joint investors, such as receiving KRW 52,030,180 from the damaged to January 2015 to receive KRW 52,030,00,000 from the joint investors, and subsequently arranged and decided the joint investment around July 2015.

According to the result of the settlement, while the Defendant was kept for the victim the sum of KRW 63,389,600,000,000,000,000 from the investment principal to be returned to the victim and the proceeds from the resale of the right to sell in lots, the Defendant did not return the amount of KRW 33,389,60,000 to the victim and embezzled the amount of KRW 33,389,60 on August 2015.

2. The Defendant, around October 11, 2014, kept 25 million won for the purpose of investment in the sale of G apartment units for the victim, after receiving 25 million won from the injured party for the purchase of the right to sell G apartment units in Yongsan-si. At that time, the Defendant embezzled it by arbitrarily using the Defendant’s business fund, etc.

3. Around December 30, 2014, the Defendant proposed to the effect that “the Defendant obtained a loan from the Defendant as security and made an investment in other sales rights by obtaining a loan from H-Lease apartment at Yangsan-si, Yangsan-si” to the effect that “any defect in the investment in other sales rights” was embezzled by using the Defendant’s purchase fund for sales rights for the victim at around that time.

4. The Defendant on January 1, 2015

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