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(영문) 서울동부지방법원 2014.05.01 2013고단810
횡령등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On October 9, 2009, the Defendant was sentenced to a suspended sentence of six months for violating the Mutual Savings Banks Act by violating the Mutual Savings Banks Act at the Daejeon District Court, and the said judgment became final and conclusive on April 29, 2010.

【2013 Highest810】

1. The Defendant, on January 6, 2006, was a person who served as the representative director of the (owner) E, a victim established for the purpose of real estate enforcement business, etc. (hereinafter “victim”).

On May 2006, the Defendant: (a) decided to newly construct an apartment building on five parcels outside Daegu-gu, Daegu-gu and five parcels; (b) decided to purchase the building site and its ground buildings outside the above FF from G (ju), the owner of the building; (c) paid 2.645 billion won as the down payment on the same day; and (d) paid 2.65 billion won as the intermediate payment thereafter.

However, since an additional PF loan was not a loan, the balance was not paid, and accordingly, the said down payment was cancelled on November 20, 2007, and the said down payment was confiscated, and the intermediate payment was not returned even after only 1,495,778,968 won was returned.

Accordingly, the injured company filed a lawsuit against G (State) on March 3, 2011, and the injured company agreed to receive 574 million won out of the rest part payments from G (State) through mediation.

Accordingly, the defendant from March 28, 201 to the same year.

7.8. Between August, 2000, the sum of the above agreed amounts was paid in full to KRW 574 billion and was kept in custody for the injured company.

On March 29, 2011, the Defendant voluntarily used KRW 574 million out of the above KRW 574 million, which was under custody for the victimized Company, as seen above, for the purpose of the Defendant’s business activities (ju) practically managed by the Defendant, from that time to December 31, 201, the Defendant used KRW 464.6 million in total over 17 times as indicated in the list of crimes in the attached Table, from that time.

Accordingly, the defendant is a victimized company.

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