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(영문) 인천지방법원 2014.10.13 2014고단5082
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant was sentenced to three months of imprisonment for fraud at the Incheon District Court on October 17, 2013, and five months of imprisonment, which became final and conclusive on May 30, 2014, and is currently in the C detention center, and was working as unregistered assistant at the E Licensed Real Estate Agent Office located in Dong-gu Incheon Metropolitan City D.

Around October 7, 2013, the Defendant drafted a real estate exchange contract with the Plaintiff’s Real Estate Agent Office, which exchanges the Plaintiff’s F, G, and 7 other land and the 10 households among the studio owned by H, Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On or around the 15th day of the same month, the Defendant: (a) received KRW 118,40,000 from the victim under the pretext of returning the security deposit to 10 households among the studio owned by the said H that would be purchased by the victim; (b) used KRW 57,542,159 among them as the victim’s loans, public charges, registration expenses, etc.; and (c) embezzled KRW 60,857,841 as the remainder for the Defendant’s personal debt, land purchase, and living expenses.

around September 24, 2012, the Defendant paid KRW 10 million to B until September 24, 2012, the remainder of KRW 10 million to the E Licensed Real Estate Agent Office in Nam-gu Incheon Metropolitan City, and paid KRW 50 million to J for the purpose of solving the loan to the effect that “K is the owner of the building located in Nam-gu Incheon Metropolitan City (hereinafter “deficial Land”). When it exchanges the land and the above building with the land owned by the husband M (hereinafter “deficial Land”). The difference between the above forest and the above building is KRW 20 million with the difference between the forest and the above building, the Party shall pay KRW 10 million to B, and until November 26, 2012, the remainder of KRW 10 million is paid to the preficial tenant located in the above building.” By cancelling the lease of KRW 50 million to the above building, it is decided to reduce the loan amount to KRW 8 million for the loan to the above Party.”

However, this is true.

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