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(영문) 부산지방법원 2013.11.15 2013고정513
횡령
Text

Defendants shall be punished by a fine of 1.5 million won.

If the Defendants did not pay each of the above fines, only 50,000 won.

Reasons

Punishment of the crime

Defendant

B is a person who works as a secretary at the E-office located in the third floor of the building in Busan Metropolitan Government, and the defendant A is a person who works as the office at the above joint office.

At the above joint office around June 13, 2012, the Defendants: (a) conspired with the victim F to purchase the Hnb in Busan Northern-gu G jointly with I; and (b) concluded an agreement with the victim F to enter into between I, “The victim shall transfer the Hnb to a joint ownership and distribute profits after remodeling construction; (c) the contract amount of KRW 30 million shall be paid as part payment pursuant to the real estate sales contract between Hnb’s building owner J and I; and (d) the balance and transfer expenses shall be jointly borne by the joint ownership and the joint ownership shall be registered in the joint name; and (e) while the victim received the loan from the joint owner and kept it for the victim, the Defendants paid KRW 30 million as part payment on the same day, and the rest of KRW 10 million shall be divided into two parts and embezzled by the Defendants.

Summary of Evidence

1. Each legal statement of the witness F, I, K, J and L;

1. Results from the recycling of each recording disc;

1. Application of a copy of a written agreement, and the statutes governing a real estate sales contract;

1. Relevant Articles 355(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 355(1) and 30 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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