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(영문) 대전지방법원 천안지원 2016.08.31 2016고단1152
횡령등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2015, the Defendant entered into a real estate sales contract (hereinafter “each of the instant contracts”) with the victim F as the agent of D and E, selling approximately KRW 3.1 billion in purchase price, KRW 310 million in down payment, KRW 310 million in down payment, and KRW 40 million in purchase price, and the Defendant entered into a real estate sales contract with the victim F as the agent of D and E, with the content that he/she sells H owned at KRW 300 million in purchase price, KRW 40 million in down payment, and KRW 40 million in down payment (hereinafter “each of the instant contracts”). The same year from the victim as the foreign exchange bank account in the name of the Defendant’s wife as the down payment under each of the instant contracts.

1. 22. Minority 269,500,000 won, and the same year;

2. Around 25.20 KRW 338,170,000 in total received around 68,670,000.

The Defendant received a request from the damaged party to deliver the down payment from the seller of each of the contracts of this case to the seller of this case, and kept a sum of KRW 338,170,000 for the victim.

1. 23. Landscaping and

2. The total amount of KRW 150,000,000 paid to sellers D around 26. The same year.

1. Around 23.20, the seller embezzled KRW 161,980,00, except for the remainder of KRW 26,190,000 paid to E at will around that time.

2. The Defendant, as described in paragraph 1, deposited KRW 338,170,00 from F as down payment for each of the contracts of this case as the contract deposit, but the seller paid KRW 150,000 to D as down payment and received the remainder from the seller D with intent to arbitrarily consume the money.

On February 25, 2015, the Defendant: (a) without authority at the “L Survey Office” located in Sinsan-si; (b) without authority, prepared the said real estate transaction agreement between the seller D and F; and (c) entered the seller’s column into the “M (Representative) representative directorO at his/her own discretion; and (d) placed the seal of the N representative director at his/her own discretion, affixed the seal of the N representative director at his/her own discretion; and (c) entered the “P” in the buyer column.

F.N. A private document corporation with respect to rights and obligations on which F’s seal is stamped.

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