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(영문) 울산지방법원 2015.10.22 2015고단1118
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

【Maternal Facts】

1. At around 207, around 16 persons including four victims of the same business relationship between C, E, F, and G, including 16 persons, including C, and D, purchased approximately KRW 18,000 of the I forest land (hereinafter “I”) from around 85,00 each ordinary time by introducing H, who is an employee of the real estate office, and sold the said I. At around 207, nine persons among land owners, including C, E, F, G, J, K, L, M, and H, who operated the real estate office, purchased KRW 95,760,00 (hereinafter “the instant real estate”) from the D in which the real estate office was operated and the said I sold the said I and decided to conduct a real estate development project as the real estate development project.

The distribution of profits from the development of the electric source housing site and investment is calculated as 90,000 won per square day, and 9 landowners, such as C, used the real estate purchase fund and the development project expense. If the real estate is developed into the electric source housing site, 8 persons, such as D, H, and victims, etc., were promoted with the real estate purchase and the electric source development project in this case on the condition that 50,000 won per square day is calculated by the total amount invested.

D et al., as the owner of the project requested by the instant real estate purchaser, C et al., are responsible for the provision of this real estate and construction funds, and D and H entered into a business agreement with the content that they are responsible for all the business related to design, permission, civil engineering works and sale as the developer or contractor.

After all, D and H received KRW 60 million from C on July 8, 2008, KRW 20 million from E, and KRW 15 million from H and concluded a sales contract by paying the down payment of the instant real estate, but they did not pay the remainder of the instant real estate due to the delay in the payment of the remainder to I. However, there was a conflict between C and others due to the problem of determining the nominal owner of the instant real estate.

2.Co-owners, such as C.

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