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Reasons
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(영문) 의정부지방법원 2015.12.10 2015고정524
횡령
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1. Defendant shall be punished by a fine of 200,000 won

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a licensed real estate agent.

On August 11, 2014, the Defendant arranged a sales contract between the seller C and the buyer D (victim) at the real estate agent office operated by the Defendant.

The buyer D(victim) paid 4.5 million won to the seller C on the day of the contract, but the buyer agreed with C to cancel the contract.

On August 12, 2014, the Defendant received a request from the seller C to return the down payment of KRW 4.5 million from the buyer D (victim) and returned the down payment to the victim D, who is the victim, while keeping it for the buyer D, and embezzled the remainder KRW 2.7.6 million by refusing to return it.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness F and D's respective statutory statements;

1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant demanded from the seller that the seller pay 4.5 million won the down payment to the Defendant, 3.1.2 billion won calculated by subtracting 1.3.8 million won from the brokerage commission to be paid by the seller to the Defendant, and among which, 1.3.8 million won was offset by the Defendant’s claim for the payment of the brokerage commission to the victim, the amount of the charge cannot be deemed as the custodian’s status, and the refusal of return did not constitute embezzlement on

First, in relation to the amount requested by the Defendant to be returned from the seller, ① the victim and C agree to return the down payment of KRW 4,50,000 as agreed upon to cancel the sales contract (the amount to be returned is an issue to be agreed between C and the victim, and there was no mentioning about the commission amount to be deducted in addition to the refund of the down payment between C and the victim) and ② The seller has also paid the down payment from the Defendant.

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