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(영문) 서울북부지방법원 2015.10.06 2014고단4043
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On August 23, 2013, the Defendant was sentenced to the suspension of the execution of two years in Seoul High Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), which became final and conclusive on October 31, 2013.

【Criminal Facts】

On June 19, 2013, at the new bank E branch in Seongbuk-gu Seoul, the Defendant: (a) concluded a business contract with the victim G in relation to the F apartment 9 acquisition and sale of the 9th floor in Songpa-gu Seoul, Songpa-gu, Seoul where the Defendant promoted and agreed to deliver KRW 900 million to the victim if the above building was acquired as a result of the acquisition of the building; and (b) agreed to grant the victim the right to sell the above business by proxy; (c) while seeking a loan for the creation of the expenses in the process of promoting the above business with the victim, the Defendant agreed to deposit KRW 100 million deposited in the new bank account in the name of the Defendant as the representative director in return for the loan examination.

Accordingly, the defendant deposited KRW 100 million, which is the victim's possession at the above new bank E branch of the above new bank, into the new bank account under the name of the above corporation I for the loan application in the above new bank E branch of the above new bank, and immediately withdraw the above deposit and return it to the victim as it is after the examination of the above loan is completed, and made the victim deposit KRW 100 million into the above account, and made the victim deposit KRW 100 million into the above account, and the actual date of withdrawal on June 26, 2013 seems to be the date of actual withdrawal on or after the same month.

In order to demand the payment of KRW 80 million which had been previously made by the victim, at the above new bank E branch, 44 million out of the above deposit shall be voluntarily withdrawn without the victim's consent or permission, and shall be delivered to the victim as if he was the money of the defendant, as if he was the money of the defendant, for the payment of the existing obligation, and the same year

7.1.The 16.0 million won out of the above deposits.

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