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(영문) 의정부지방법원 2013.12.13 2013고단1403
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

1. The Defendant, while operating a real estate brokerage office for about twenty (20) years, was engaged in the business of selling real estate at auction from around December 2006, after being awarded a successful bid for the victim B.

On January 16, 2007, the Defendant received KRW 100 million from the Defendant, and won the land located in Namyang City around the 16th of the same month, and won the registration of ownership transfer for approximately KRW 1/4 in the name of the victim on the land above.

After that, on July 2007, the defendant was delegated with the authority to dispose of the above land from the victim at a place-free site on or around July 2007, and transferred the victim's shares to the defendant around 20th of the same month

8.1. Around January 1, 2007, the above land was sold to D and the victim’s property was kept in custody for the victim’s business. At that time, the above KRW 1.44 million was consumed in mind, and then the victim’s property was embezzled for business purposes.

2. Fraud;

A. On May 19, 201, the Defendant, at the “F office located in Gyeonggi-si, Gwangju-si, registered in the name of another person. However, the Defendant plans to transfer ownership in the name of another person within two to three days. In addition to the transfer of ownership, if a part of the land is expected to be sold at the same time as the transfer of ownership, and if a person lends cash of KRW 30 million, he/she would transfer 100 square meters (330 square meters) at the bottom of the above land to KRW 70 million, a half of the market price, or would pay KRW 50 million in total in borrowed money plus KRW 20 million in total.

However, in fact, the defendant was unable to prepare the balance of the above forest land due to the lack of special assets by bad credit holders at the time, so there was no intention or ability to purchase the forest land and complete the registration of ownership transfer within two to three days, or to pay 50 million won in cash to the victim after the month.

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