(영문) 의정부지방법원 2016.11.03 2015고정2729

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(영문) 의정부지방법원 2016.11.03 2015고정2729

업무상횡령

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a person who engages in the real estate sale business.

On February 28, 2015, the Defendant entered into an oral contract with each other to divide 1/3 when the contract is formed and the commission is paid in the company, as the victim D and E, in the sales office of the office of office of office of office of office of office of office in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

Since then on May 7, 2015, the sales contract for the above Ctel 313 case was concluded on May 7, 2015 through the sales business between the defendant and the victims, and 4,000,000 won was deposited in the name of the sales commission in the name of 313 of the defendant's account in the name of Han Bank account (Account Number H) from G.

Although the Defendant paid 2,578,666 won to the complainants by dividing the above deposit fee by 1/3, the Defendant embezzled the fee in personal name at around that time while keeping the fee.

Summary of Evidence

1. Partial statement of the defendant (as of the fifth trial date);

1. Each statement made to witnesses D and E in the fourth trial records;

1. Legal statement of a witness I;

1. The defendant asserts that he did not have an obligation to divide the sales commission into 1/3 of the victims at the first time, but that he did not have an obligation to terminate the contract as long as the contract was terminated at another site after the victims.

However, in full view of the evidence duly adopted and examined by this court, the victims are found to have not entered into an agreement with the defendant on the fact that the victims performed the sales contract of the above Ctel in accordance with the business partnership agreement with the defendant and performed the sales contract of 313, that the sales contract was concluded and the defendant deposited 4 million won in the name of the sales commission accordingly, and that there was no such an agreement on the termination of the above Ctel contract if the defendant and the victims work on another spot.

Then, the defendant is the defendant.

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