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Reasons
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(영문) 대전지방법원 논산지원 2013.08.09 2013고단86
횡령
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1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

In 209, the Defendant agreed that the Defendant would have the remainder of the purchase and sale amount of KRW 15 million, 40 million, and 40 million among the purchase and sale amount, between C Apartment 101, 1403, 604, and 804, and D with the victim who has the authority to dispose of the bonds of the said 804, 2009.

1. On July 27, 2009, the Defendant, while mediating the sale and purchase of the above apartment building 101 and 1403, received from the buyer E to his account the remainder of KRW 15 million, excluding loans, etc. from the buyer E, and paid KRW 2,639,450, out of the purchase price, and kept the remainder of KRW 12,360,550 for the victim. On August 30, 2009, the Defendant voluntarily consumed KRW 5,360,550 around that time while paying KRW 7 million to the victim.

2. On January 21, 2010, the Defendant, while mediating the sale and purchase of the above apartment building 101 and 604, received the remainder of KRW 45 million, other than loans, etc. from buyer F, from buyer F to his account, and paid KRW 2,430,270,000,000 out of the remainder of KRW 42,569,730, and kept the victim for the victim, he voluntarily consumed KRW 10 million around February 10, 201, while paying KRW 30,000 to the victim for the victim.

3. On January 6, 2010, the Defendant, while mediating the sale and purchase of the above apartment building 101 and 804, received the remainder of KRW 40 million other than loans, etc. from G from the purchaser G to his account, paid KRW 292,50,00 as management expenses, and paid KRW 39,707,50 as management expenses, and kept the remainder of KRW 39,50 for the victim. On February 15, 2010, the Defendant voluntarily consumed KRW 10,207,50 around that time while paying KRW 29.5 million to the victim.

Accordingly, the Defendant embezzled the sum of KRW 25,568,050 stored for the victim three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor in relation to D;

1. A complaint (including a certified copy of the attached register).

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