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(영문) 대구지방법원 경주지원 2013.05.29 2013고단306
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a licensed real estate agent who is engaged in real estate brokerage business in his/her trade name.

1. On July 12, 2012, the Defendant entered into a sales contract with G, the owner of “602 square meters prior to E, Si, Si, and F. F. 92 square meters” on behalf of the victim D, on behalf of the purchaser of the said C-real estate office, to purchase each of the above land in KRW 115,00,000. As to the above contract, the Defendant received KRW 20,000,000 from the victim as the down payment on July 5, 2012, and kept the same for the victim as the remainder of July 11, 2012, and paid KRW 10,000,000 among them as the down payment under the above sales contract on behalf of the purchaser of the said C-real estate office, but the remainder of KRW 105,00,000,000 was embezzled using the Defendant’s Internet real estate investment securities at his/her own discretion to transfer it from the Defendant’s Internet real estate investment option account.

2. Around May 7, 2012, the Defendant for occupational embezzlement against the Victim I Promotion Committee (representative J) was acting as a broker for a contract to sell the said land in KRW 120,000,000 with respect to “698 square meters out of K forest in Gyeongju-si,” among the seller’s representative L and the victim I Promotion Committee (representative J) who is the buyer of the said land.

At the time, due to the relationship between several owners of the above land at the time, the defendant said that the defendant would pay the purchase price of the above land to the J, the representative of the victim, in installments to the seller later, and the J complied with this.

Since then, the Defendant received 15,00,000 won from the victim as the down payment on May 7, 2012, 60,000,000 won as the intermediate payment on August 28, 2012, and 50,000,000 won as the intermediate payment on August 28, 2012, and 15,00,000 won as the intermediate payment on August 31, 2012, and paid to the seller, but at around that time, the Defendant paid the remainder of 110,00,000 won to the seller.

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