(영문) 광주지방법원 2018.03.28 2017고단4720

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(영문) 광주지방법원 2018.03.28 2017고단4720

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B are real estate (former Northwest-gun C) that could be expected to increase the prices in the future to the former Northwest-gun in November 2009, among those that were known to the police in around 2004 at a high school and were in the police in around 2004.

Price is 260,000 won and is about 60,000 won and can obtain profits from the market price in the form of sale.

Since a good opportunity is a lack of funds that can be raised, if there is surplus funds, such investment defect will be the same. On February 20, 2010, the E Certified Agent D, located in the former Northwest-gun, issued a check of 130,000 won in face value to the seller, and paid the balance of the sales contract for the said real estate to the seller.

While the ownership of the said real estate was not transferred, the double selling of the said real estate on the part of the seller was revealed in around 2012, and the Defendant demanded the seller to return the purchase price after cancelling the sales contract.

The defendant from August 6, 2013 to the same month.

8. Until July 2, 2000, KRW 240 million, and KRW 30 million, around December 2, 2013, from the seller, including F, the total sum of KRW 260 million, and KRW 10 million, and penalty of KRW 227 million, including F, was returned from the seller, including F, to the buyer. As such, the joint purchaser was notified of the cancellation of the sales contract and the return of the purchase price, and the victim should have returned KRW 130,000,000,000,000, which were kept in custody for the victim, and was arbitrarily used for the purchase price of real estate in G, which the Defendant purchased on his own, around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on documents, receipts, and details of passbook transactions related to real estate transactions, such as a sales contract;

1. Relevant Article 355 of the Criminal Act, Article 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.

참조조문

-형법 제355조 제1항

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