(영문) 의정부지방법원 고양지원 2016.10.28 2016고단1599

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2016.10.28 2016고단1599

횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Around March 2006, the Defendant: (a) received a successful bid for an auction-related officetel in Gyeyang-gu, Youngyang-gu; and (b) completed the remaining construction, and completed the construction; and (c) received full delegation from C of the authority for the sale, management, etc. of officetels after agreement with C to the said building owner as C.

1. Around March 2012, the Defendant: (a) concluded a sales contract with the victim for the instant officetel 502 with the victim for the sales of the instant officetel 60 million won; (b) concluded a sales contract for the instant officetel 603 with the purchaser for the sales of the said officetel 60 million won; and (c) concluded a sales contract for the said officetel 603 on May 2012 with the victim for the payment of the purchase price in full from the victim on March 9, 2012; and (d) agreed on May 14, 2012 with the lessee with the right to lease each of the above subparagraphs to the victim.

On November 30, 2012, the Defendant: (a) concluded a lease agreement with F and F around November 30, 2012; and (b) used the loan interest, building management expenses, etc. while acquiring the business building while being kept in custody for the victim from F and F around January 31, 2013; and (b) embezzled the sum of the rent of KRW 3068,00,000 from the lessee as stated in the attached Table of Crimes (1) and (2) from around that time to June 2016, the Defendant arbitrarily used it for the above purpose while keeping the lease agreement for the victim.

2. On July 19, 2012, the Defendant: (a) concluded a sales contract with the victim for the sales of the instant officetel 505 with the victim for the sales price of KRW 65 million in the said officetel sales office; and (b) concluded on August 13, 2012 with the victim for the payment of the sales price in full; and (c) agreed on August 13, 2012 with the lessee for the lease of the said head office to the victim.

Accordingly, the Defendant entered into a lease agreement with H around August 30, 2012 with H around 505.

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