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(영문) 대구지방법원 2020.08.13 2017고정432
횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 201, the Defendant agreed to sell a multi-household house at auction after selling a multi-household house to the victim B and conducting remodeling, or by soliciting that if sold, profit would be possible, the Defendant agreed to receive a multi-household house by receiving an investment in auction proceeds, etc. from the victim B, and the Defendant agreed to have the interests of each other divided by being in charge of remodeling construction work, lease, and sale of the said auction house.

around May of the same year, the Defendant received remittance of KRW 54,50,000 from the victim B, and the remainder as the obligor from the CF as the obligor, and received loans of KRW 98,00,000 from the CF as the obligor, and received loans from the Defendant

8. around September, 201, a successful bid for multi-households in Daegu-gu D was awarded, and on September 15, 201, a registration of transfer of ownership was made under the above victim’s name, and thereafter, it was delegated by the victim for lease and sale related to the said house.

1. On May 28, 2012, while the Defendant was in charge of the business of leasing the said multi-household housing for the victim, he received 300,000 won of the down payment from the lessee from the above multi-household house on the part of the victim and embezzled it by arbitrarily consuming it in Daegu, etc. around that time.

2. On November 8, 2012, the Defendant received 300,000 won of down payment from lessee F from the above multi-household house, and embezzled it at his/her own discretion in Daegu, etc. where he/she was kept for the victim.

3. On March 6, 2013, the Defendant received transfer of one million won as down payment from G from the lessee at the foregoing multi-household housing, and embezzled it at his own discretion in Daegu, etc. around that time.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Entry of the defendant in B in the protocol of examination of the suspect;

1. Statement of the police statement concerning F;

1. Details of rent under H E, G housing lease contract;

1. One copy of a statement of account transactions between the J bank and C Association account transactions;

1. Investigation report (Evidence No. 74) by the defendant.

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