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Reasons
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(영문) 서울중앙지방법원 2019.03.27 2018고단8228
횡령
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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2015, the Defendant invested KRW 200 million in total from each of the victim B and the fourth floor of the building C in Osan-si, Osan-si, in which the Defendant is in charge of the salesroom operation, and the Defendant concluded and operated a partnership agreement with the content that the profits should be divided into half, and that the partnership is settled by selling the above screen golf course due to the business difficulties around February 2017. However, there was no consultation with the victim on the specific terms and conditions of sale, purchaser, timing of purchase, etc.

Around April 7, 2018, the Defendant entered into a contract for transfer with E, a sum of KRW 37 million, intermediate payment of KRW 263 million, and KRW 770,000,000,000,000,000 to E, without consent or permission to the specific sale conditions of the said screen golf course in the vicinity of the building C, and arbitrarily remitted KRW 90,000,000 to E, for the purpose of 200,000,000,000 won for contract deposit, KRW 50,000 on April 7, 2018, KRW 11,32,00,000,000 as part payment, KRW 26,30,000 on April 17, 2018, KRW 200,000,000 to be paid by the Defendant’s private bank account (i.e., account number) and KRW 181,5140,000,0000.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the defendant and the police against the defendant and the defendant B (the second, the second, and the second, the second);

1. Statement to E by the police;

1. A contract for the transfer of rights, the details of deposits and transactions, the meetings, the details of the accounts of the K bank, and the details of the F bank accounts;

1. Application of Acts and subordinate statutes to the written agreement;

1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (Selection of Imprisonment or Imprisonment);

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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