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Reasons
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(영문) 수원지방법원 2014.08.27 2013고단7070
횡령등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was sentenced to imprisonment with prison labor and six months for occupational embezzlement in the Suwon District Court’s Ansan Branch, etc., and the judgment became final and conclusive on January 24, 2014.

1. Around September 26, 2011, the Defendant used the name and trade name of D Licensed Real Estate Agent H while mediating the conclusion of a housing lease agreement between the lessor E and the lessee F at the D Licensed Real Estate Agent Office located in Ansan-si, Ansan-si, Ansan-si, and the name and trade name of D Licensed Real Estate Agent H when concluding a housing lease agreement between the lessor E and the lessee.

In this way, the defendant used another person's name and trade name to render brokerage services.

2. When mediating a lease agreement as described in paragraph (1), the Defendant, as well as E and F, agreed to receive KRW 62,000,000,000, excluding the remainder of KRW 3,000,000, which the victim directly received from the victim, from the victim E and F, and that the Defendant shall pay KRW 22,00,000,000, out of the secured debt of the right to collateral security established regarding the said housing as KRW 40,000.

Accordingly, the Defendant, upon receiving KRW 10,000,000 from F on October 17, 201, and KRW 18,000,000 on November 19, 201, and KRW 10,000 on November 20, 201, and KRW 14,000,000 on December 20, 201, and KRW 10,000 on December 20, 201, and stored KRW 10,00,000 on December 21, 201, and kept the victim at will, around that time, using KRW 30,00,000 on the said money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of H (including each statement about E and F);

1. Statement of the police officer to I;

1. Deposits, details of account transactions, cashier's checks, receipts, etc. (Evidence Nos. 2, 7, 28 through 30);

1. Letter of payment (Nos. 33 of evidence lists);

1. Each police statement (the sequence 41, 43 of the evidence list);

1. Previous records of judgment: Criminal records, summary records of case agreements and auxiliary statements, and application of Acts and subordinate statutes;

1. The act of borrowing money in the name of the relevant Article concerning the facts constituting an offense: Gu;

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