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(영문) 부산지방법원 2015.09.17 2015고정2018
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 3, 2012, the Defendant made a joint investment agreement on real estate with the victim C, D, and the victims jointly invest in the building and machinery, etc. for the E and F ground factories in Chungcheongnam-gun, Chungcheongnam-do, and the victims (hereinafter referred to as the “instant real estate”); entered into an agreement on real estate joint investment with the content that the amount of investment and the return on investment generated from the said business are equally distributed one-third, respectively; on January 17, 2013, the Daejeon District Court awarded a successful bid of the said real estate amounting to 3.3 billion won; sold the said real estate to G Co., Ltd. on February 6, 2014; on the same day, KRW 350 million from the said G to the account account in the name of the Defendant’s Daegu Bank (H) in the name of the Defendant’s bank account in the name of 3.5 billion won, and transferred the said real estate to 1.4 billion won to the Defendant on February 14, 2014.

The Defendant embezzled money in custody for the victims who are co-owners for the settlement as above.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police statement regarding C;

1. Application of statutes governing joint investment agreements on real estate (Evidence 4);

1. Article 355 (1) of the Criminal Act and the choice of fines concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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