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(영문) 서울서부지방법원 2014.06.26 2014고정268

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.


Punishment of the crime

The defendant, C, D, and E are relatives of Eunpyeong-gu Seoul Special Metropolitan City, G, H, and I land owned by the networkF as a friendship.

On March 2, 2012, at the K Office located in the third floor of the Seocho-gu Seoul Metropolitan Government J building, the Defendant drafted a letter of performance that he would distribute the balance of the above land to the heir, such as C, when he receives KRW 30,550,00 from the victim L who acquired the right to purchase the said land.

On March 7, 2012, the Defendant, while receiving the above balance transfer and keeping it for the victim, should distribute the sum of KRW 10,782,351, including KRW 3,594,117, to the heir C, D and E, but was embezzled by refusing to return it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness L and C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. The defendant and his defense counsel's assertion under Articles 70 and 69 (2) of the Criminal Act against the defendant and defense counsel, and (1) the defendant did not have the status of keeping 30,550,000 won for L, and (2) the defendant set off money to be paid to C, D, and E among the above money and thus, there is no justifiable reason for not returning it.

(1) According to the evidence adopted by this court and duly examined on the assertion, if the heir representative M, A, N, Defendant, andO, a part of the deceased F’s heir on March 2, 2012, states that M, A, and P, the heir shall allocate the amount of 30,550,000 won, among the heirs, according to the statutory inheritance ratio, the heir shall not raise any objection due to the sale of the above real estate in the future, and if a civil or criminal problem arises, each of the heirs shall be jointly and severally responsible for the following: L prepares an implementation note; L transfers the amount of 30,550,000 won to M’s bank account on March 7, 2012; and on the same day, the said money would again be the account in the name of the defendant.