(영문) 수원지방법원 여주지원 2020.02.17 2019고단819

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(영문) 수원지방법원 여주지원 2020.02.17 2019고단819

횡령

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

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

Reasons

Punishment of the crime

The Defendant received delegation from B to manage land and housing (hereinafter “instant real estate”) on three parcels, both land and land owned by B, both Pyeongtaek-gun C, and three parcels. On August 5, 2016, the Defendant sold the instant real estate to E in KRW 1.3 billion through the mediation of Victim D, a licensed real estate agent, around August 5, 2016.

Then, on August 2016, the above E discovered a defect from the instant real estate building, such as drinking water, and demanded the repair of the defect to the Defendant, the seller’s agent, and the Defendant called “D will receive and deliver the repair cost by speaking to D because the licensed real estate agent D received a large amount of brokerage fees,” and then finding the victim “E will be harming the construction due to leakage of the building. If you received a large amount of brokerage fees, they will solve the defect repair cost.” The Defendant would receive the remittance of the cost of repairing the defect from the victim.

Accordingly, the Defendant received a transfer of KRW 22,50,000,000 from the victim to the Korean bank account (G) around September 13, 2016, and around November 2, 2016, and stored for the victim, the Defendant used the victim’s personal use, such as living expenses, hospital expenses, etc., according to the mind of the victim at the place where the victim was in the same time, and used the victim’s personal use, including living expenses and hospital expenses, around June 23, 2017.” The Defendant received the provision to the effect that “I would not deliver any money to E” from the defective victim under the provision to the effect that “I would have received money from the victim, and sent KRW 3 million to E,00,000,000,000,000,000,000 from the victim, and received from the victim’s personal bank account in the name of the National Bank in the name of the victim to use the money in the name of the victim.”

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

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유사 판례

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