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(영문) 울산지방법원 2015.02.11 2014고합360
횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant, from December 6, 201, was a person who served as an internal director of Ulsan-gu Seoul Metropolitan Government Co., Ltd. (hereinafter referred to as “D”) from around Ulsan-gu.

D A around 2007, around 2007, plans to implement apartment projects on E and 13 lots, and the defendant managed the conclusion of sales contracts and litigation affairs related to the above projects with the delegation of D representative director F.

1. Embezzlement;

A. On April 27, 2007, the Defendant entered into a real estate sales contract with H, the owner of G forest in Gyeong-gu, Gyeongnam-gu, G, the land subject to the apartment construction project on behalf of the victimized company D, and paid KRW 23,1360,00 to the above H as the down payment, but the apartment construction project did not proceed properly, but the down payment was returned from the above H, if the apartment construction project did not proceed properly.

Around July 12, 2012, the Defendant received KRW 50 million from the National Bank Account (I) in the name of the Defendant from the foregoing H, and embezzled the property of the victimized company on the pretext of its own business expenses, personal debt repayment, etc., on September 25, 2012, and kept it for the victimized company.

B. Around April 30, 2007, the Defendant, on behalf of D, entered into a sales contract with the owners of E and 13 lots of land, which are the land subject to the apartment construction project, on behalf of D, and around December 22, 2009, to transfer all the land sales contract and the business rights related to the said implementation project to E and e and e and e and e and e and the instant business rights to E and around January 6, 2010. Around January 6, 2010, the Defendant was paid KRW 800 million as down payment from E and e and e and e and e and the instant land owners.

However, because the sales contract that was concluded with the owner of the above land had already been rescinded, EwW demanded the return of KRW 800 million for the down payment by asserting that the business license acquisition contract was null and void, and received the provisional attachment order on November 7, 2012 from the Ulsan District Court as the above court 2012Kahap772.

2.3.

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