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(영문) 서울동부지방법원 2015.11.12 2015고단1518
횡령
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a licensed real estate agent running a “D Licensed Real Estate Agent” in Songpa-gu Seoul Metropolitan Government.

On May 20, 2009, the Defendant: (a) arranged a contract to sell 9,852 square meters out of 16,463 square meters of F Forest in Gwangju-si, a forest owned by E (hereinafter “instant forest”); (b) drafted a land sales contract stating that KRW 40,000 of the purchase price of KRW 330,000,000,000, on the date of the contract, the intermediate payment of KRW 70,000,000,000, on July 15, 2009, the remainder amount of KRW 220,000,000,000, to be paid on August 28, 2009.

On June 11, 2010 and June 22, 2010, the Defendant received KRW 210,000,000, out of the remaining transactions from the victim to the Agricultural Cooperative (H) under the joint name of the Defendant and the victim, and used KRW 78,00,000 among them for the victim, at will, around June 22, 2010.

Accordingly, the defendant embezzled the victim's property.

2. According to the records of this case, the following facts can be acknowledged.

The forest of this case was owned by the network I (Death on February 24, 2009). On May 20, 2009, E, son, entered into a contract to sell the forest of this case (hereinafter “instant contract”) with the J (hereinafter “J”).

As to the forest land of this case at the time of the instant sales contract, the procedure for the auction of real estate rent (hereinafter “instant auction procedure”) was already in progress with Sungwon District Court, Sung-nam branch, and the representative director of the seller E and J (hereinafter “J”) of the buyer E and the buyer Co., Ltd. stated in the real estate sales contract that “The instant real estate is currently in progress, and the buyer, etc. shall jointly obtain a successful bid and transfer the registration on the date of auction sale” in the real estate sales contract.

After that, G resells the instant forest land to L on September 21, 2009, and received a total of KRW 400 million out of the purchase price.

The forest of this case is classified as follows.

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