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(영문) 서울서부지방법원 2018.01.26 2017고단3451
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From July 2017, the defendant 2017 senior group 3451 was responsible for managing money and applying for registration by proxy at the office of the certified judicial scrivener C in Jung-gu Seoul, Jung-gu, Seoul, and 605.

On August 29, 2017, the Defendant received KRW 23,875,00,00 from the Victim F, a purchaser referred to in D 719 from Yongsan-gu Seoul Metropolitan Government “E Authorized Brokerage Office” as referred to in D 109, in the name of acquisition tax and fees for certified judicial scrivener, and kept them for the victim, and around that time, stated the facts charged of KRW 23,375,00 in the facts charged of KRW 23,825,00 as “23,825,000,” but the Defendant embezzled the remainder by the Prosecutor’s office as transfer expenses, including KRW 150,000,000,000 in revenue stamps for transfer of registration, national housing bonds, etc.

The prosecutor stated that he was prosecuted on the basis of this (in the investigation records, 53 pages). Thus, he recognized ex officio amount to be raised (23,375,00 won = 23,875,00 won - 500,000 won). Eul consumed B as debt repayment, living expenses, and entertainment expenses.

Accordingly, the defendant embezzled the victim's property.

Defendant 2017 senior group 3788 was a secretary at the certified judicial scrivener office operated by Songpa-gu Seoul H and 2nd floor 213 from June 8, 2016 to April 19, 2017, and was in charge of managing money and applying for registration by proxy.

On August 29, 2017, the Defendant received KRW 33,035,00 from the victim J who requested the above office to provide real estate donation services, and used KRW 33,030,000 on the same day as the date when the Defendant was in custody for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

2017 Highest 3451

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A criminal investigation report (Attachment of details of transaction withC Certified Judicial Scriveners Accounts);

1. A written contract for trading an officetel, a statement of expenses incurred in transferring ownership, receipts to transfer acquisition tax and fees for a certified judicial scrivener, power of attorney, the order of attorney 3788;

1. The defendant's statement in court;

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