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(영문) 인천지방법원 2016.01.14 2015고단7169
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the business of assisting D and selling by proxy and keeping the sale price, etc. in the C office located in the 201 South Korea-Si in the 201 South Korea-Si.

1. Around September 27, 2012, the Defendant: (a) requested the victim E (employee of the Certified Judicial Scriveners Office) to register the transfer of ownership of the above lending No. 103; (b) demanded the victim E (employee of the Certified Judicial Scriveners Office) to register the transfer of ownership; and (c) demanded the victim to immediately pay for the cost of completing the first registration; and (d) caused the victim to complete the registration of the transfer of ownership in the name of F with respect to the said residence at his/her expense.

On October 4, 2012, the Defendant arbitrarily consumed KRW 2,272,00,00 from F to the national bank account in the name of the Defendant, while receiving the remittance of KRW 2,270,00 from F to the national bank account in the name of the Defendant to use it for the same day while keeping it for the victim.

Accordingly, the Defendant embezzled KRW 2270,00,00, which is the property of the victim.

2. Around November 7, 2012, the Defendant entered into a sales contract with the victim G in the said C-sale office for the said C-sale office with respect to 303, and received KRW 2 million from the damaged party as the first down payment, KRW 3 million as the second down payment around November 9, 2012, and KRW 37 million as the second down payment around November 30, 2012, respectively.

While the Defendant kept the total amount of KRW 42 million in custody for the victim as above, the amount of KRW 30 million was delivered to D, the owner of the loan, and the remaining amount of KRW 39 million was leased to others around that time.

Accordingly, the Defendant embezzled 39 million won as property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, E, and I;

1. Each complaint;

1. A detailed statement of each bankbook, a copy of each contract for sale, a copy of a receipt, a copy of the passbook, and a certificate of all registered matters;

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