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(영문) 인천지방법원 부천지원 2013.10.18 2012고합360
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Of the facts charged in the instant case, the fraud against the victim D is committed, respectively.

Reasons

Punishment of the crime

The Defendant, on June 28, 2007, went overseas to escape criminal punishment, and entered the Republic of Korea on September 26, 2012 after having committed the following crimes:

The Defendant is a person who has operated a licensed real estate agent office under the trade name of “H” in Kimpo-si G.

On December 31, 2004, the Defendant offered that “The victim D purchased the land located in J, K, L, and M, and its ground and the forest located in the Republic of Korea from I through the brokerage of the Defendant, and then did not complete the registration of ownership transfer as a land transaction permission issue even though I paid the purchase price to I. In October 2006, the Defendant would sell the real estate purchased by the party to a third party eligible for land transaction permission to the victim at KRW 1 billion and immediately transfer the registration of ownership transfer from I to a third party via the intermediate omission type. In addition, the Defendant was entrusted by the victim with the execution of the affairs related to the conclusion of the sales contract involving the receipt of the purchase price for the above O real estate at around that time.”

On October 21, 2006, the Defendant entered into a sales contract with Q and Kimpo-si J, L, N, M and their above ground buildings in Q and Kimpo-si, which was determined as KRW 1 billion in total, the buyer (State) RR representative director, Q from Q to the cashier's checks in the name of contract deposit, KRW 30 million in cash as part payments around November 3, 2006, and KRW 300 million in cash as of June 26, 2007, respectively.

While the Defendant kept the total sum of KRW 700 million for the victim D, the Defendant spent KRW 640 million out of the date and time of each delivery in mind at Seoul Special Metropolitan City, Goyang-si, with the mind of personal usage, such as repayment of personal debt, stock investment, and horse race track gambling.

In this respect.

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