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(영문) 인천지방법원 2013.11.28 2013고단1489
횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On August 10, 201, the Defendant was sentenced to four months of imprisonment for embezzlement at the Incheon District Court, and the judgment became final and conclusive on September 1, 2012.

[2013Kadan1489] Around June 2008, the Defendant may receive a loan from the victim D by up to 80% of the appraisal price in a commercial bank, which is to be assigned to him, because he has a kind of fright at the time of giving appraisal. The Defendant shall obtain a high appraisal price for the 606 land in Pyeongtaek-si, Pyeongtaek-dong, which is to be purchased by him, and shall obtain a loan by 200 million won under the pretext of the appraisal cost for the said fright land from the victim, and the Defendant shall obtain a high appraisal price for the 606 land in Pyeongtaek-dong, which is to be purchased by him, as the appraisal cost for the said fright land from the victim.

7. 15 million won;

7.21.5 million won;

8.2.1 million won;

8. 30.3 million won;

9. 8.62 million won received transfers of 86.5 million won under the pretext of appraisal expenses for a total of six occasions, such as receiving KRW 62 million, and kept them for the victim.

After that, the Defendant remitted total amount of KRW 7.8 million to E and F as expenses related to appraisal of the above land, and embezzled the remainder of KRW 78.7 million by arbitrarily using it as expenses for repayment of the Defendant’s existing debt at around that time.

[2013 Highest 1541] around August 2010, the Defendant was introduced C through G, who wants to purchase the above apartment at a price lower than 35% of the market price, while the Defendant did not have the intent or ability to sell the Yangcheon Central Lower-ro apartment in 188-3, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul.

Around August 17, 2010, the Defendant: (a) falsely stating that “The purchase-sale agreement intends to obtain the purchase-sale-sale-sale-sale-sale-sale-related 501, Gyeyang Central Dives Apartment, the purchase-sale-sale-sale-sale-sale-sale-sale-related purchase-related 35% discount of 35%; (b) thereby allowing the victim to purchase-sale-related 43,4850,000 won at a discounted price; and (c) acquired the money from the victim as the purchase-sale-sale-related payment.”

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