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(영문) 인천지방법원 2018.07.12 2017고단8092
횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the operator of the construction business chain C, D is a certified judicial scrivener who is the defendant's branch, and D is a person who operates an office in the unit E E building 204 in Ansan-si, Ansan-si, and F is the operator of G.

The Defendant obtained a completion permit by paying KRW 200 million for expenses incurred in various authorizations, such as the payment of electricity, public charges, and expenses incurred in issuing a certificate of completion of septic tanks, which was interrupted by the construction work in Jongno-gu Seoul Metropolitan Government for about 10 years prior to the completion of the construction work, and received an apartment loan as security and paid KRW 1.3 billion to the lien holder, and four generations become aware of the ownership transfer to the prop, and of the business that can make profits by selling the 15 household units, and recommended the said F to make an investment.

Accordingly, F prepared project cost of KRW 200 million through other investors, and requested that the defendant keep money by designating a certified judicial scrivener who is able to believe that the project cost of KRW 200 million is not used for any other purpose, and the defendant requested the above D who was scheduled to act on behalf of the above D to act on behalf of the above D with respect to the registration of the above apartment, and the defendant promised that D shall receive the above project cost and keep it separately so that it can be used for the above project.

From May 15, 2015 to September 11, 2015, the Defendant conspired with D to use money, such as construction cost, vehicle purchase cost, and living cost of D, which were kept in the accounts of D when the Defendant received KRW 120 million, including KRW 80 million from the victim I, the investors who received the proposal of F, and KRW 40 million from the victim J, through the accounts in the name of D, and kept for the victims. At around that time, the Defendant arbitrarily used money deposited in D’s account in the form of money, such as construction cost, vehicle purchase cost, and living cost of D.

Accordingly, the defendant, in collusion with D, embezzled the victims' property.

Summary of Evidence

1. The defendant's statement in court;

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