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(영문) 인천지방법원 2017.12.14 2017고단5162
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

While the Defendant was working as a brokerage assistant of the G Official Brokerage Office operated by the victim F in Bupyeong-gu Incheon Metropolitan Government, the Defendant was working as a brokerage assistant at the H Official Brokerage Office located near the victim and the said G Official Brokerage Office.

After purchasing Nos. 501 and 502 of the Bupyeong-gu Incheon Metropolitan Government apartment complex with the oral investment between I and J, "4 persons make joint investments," the sale will bring their respective investment funds from the sale price, and the remaining profits shall be distributed equally.

“A person who has entered into a partnership agreement with the content of the partnership agreement.”

In accordance with the above agreement, the Defendant purchased the above K apartment as KRW 38.5 million in investment of the injured party, KRW 38.5 million in investment of the said I and J, KRW 7.7 million in the name of the Defendant on December 28, 2015, and completed the registration of the transfer of ownership on or around December 28, 2015. The Defendant purchased the above K apartment as KRW 7.5 million in investment of the Defendant, KRW 37.5 million in the victim’s investment, KRW 37.5 million in investment of the said I and J, and completed the registration of the transfer of ownership on or around February 16, 2016.

After that, on February 29, 2016, the Defendant sold the above K Apartment Nos. 501 and 502 to the above 2 other than M around 100 million won, respectively, at the above G A certified broker office and two other persons.

“After entering into a sales contract with the terms and conditions of the contract, the Plaintiff was transferred KRW 80 million, including KRW 72 million on February 29, 2016, and KRW 80 million on May 16, 2016 to the corporate bank account in the name of the Defendant, as the purchase price of KRW 501,000,000 from M, and received KRW 80 million on February 29, 2016, KRW 80,000 on May 16, 2016, KRW 50,000 on May 16, 2016, KRW 50,000 on the purchase price of KRW 50,00 from the said corporate bank, and KRW 50,000 on May 18, 2016, KRW 500,000 on the purchase price of KRW 500,000 on the account of the Defendant.

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