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(영문) 서울중앙지방법원 2014.11.26 2014고단5931
업무상횡령
Text

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

Reasons

Punishment of the crime

From January 2007 to December 201, 201, the Defendant is a person who has been in charge of all the affairs concerning the sale, such as working as the Seoul Seocho-gu Seoul apartment sales office for the victim's land Es (GS) construction corporation, and managing the sales price by receiving the sales price from the purchaser of the apartment.

On September 29, 2010, the Defendant, at the Seocho-gu Seoul Metropolitan Government Seoul apartment sales office 】 the apartment 】 (dong 】 】 】 E, the denyingr of the purchaser D, used 60 million won out of the city value of the above money for the personal use of the Defendant and embezzled it for the personal use of the Defendant.

Summary of Evidence

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. C apartment supply contract, receipt status investigation, registration tax completion confirmation, cashier's checks payment copy, past transaction details inquiry, Korean bank account statement, deposit transaction statement statement, past transaction details inquiry, transfer settlement confirmation, transfer settlement confirmation, and application of laws and regulations respectively;

1. The Defendant asserts that the pertinent Article of the Criminal Act, Article 355(1) of the Criminal Act regarding criminal facts, the Defendant’s argument regarding the Defendant’s choice of imprisonment with labor, and that the Defendant either returned KRW 45 million among KRW 85 million and agreed to borrow and use the remainder of KRW 40 million with D, but not arbitrarily.

In other words, D paid 85 million won on September 9, 2010 to the defendant as stated in the facts constituting a crime, even though it paid 85 million won on September 2, 2010, 2010, 5 million won on October 25, 2010, and 5 million won on October 25, 201; D received 50 million won from the National Agricultural Cooperative Federation, a trustee of the above apartment, and 25 million won from the defendant on February 1, 201, respectively, and transferred 25 million won from the defendant on September 4, 204, as well as 85 million won on September 2, 2010.

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