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(영문) 창원지방법원 마산지원 2019.02.19 2018고단190
횡령등
Text

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

Criminal facts

The defendant is the victim C and the defendant of the High School, who operated a real estate office in the Changwon-si, Changwon-si.

On May 19, 2016, the Defendant purchased the land D (hereinafter referred to as “instant land”) in Haan-gun, Haan-gun, an green belt, and recommended the victim to build a restaurant with the right to remove and build the instant land, and had the victim purchase the instant land under E under the name of E with the right to remove and build the instant land.

On April 27, 2017, upon delegation of the right to sell the instant land from the victim, the Defendant arbitrarily consumed and embezzled the instant land while selling the instant land from E’s office located in F in Changwon-si, Changwon-si, Changwon-si, and obtaining a letter of KRW 15 million as a down payment, and being kept in custody for the victim.

Around October 24, 2016, the Defendant entered into a contract with the victim to purchase and sell a eduna zone with the victim J on the false statement, stating that “The right of reconstruction was created due to the expansion of roads on the second floor of the Haan-gun K building in the Haan-gun, E-owned. In receipt of E’s right of reconstruction, a building may be newly constructed in the eduna zone.” The Defendant entered into a contract with the victim to purchase and sell a eduna zone with the amount of KRW 120 million.”

However, the above right has already been agreed to transfer C the above right to 120 million won around May 27, 2016, and the Defendant was in the state of non-permission for use of the above right by the Hawan Military Office around September 26, 2016. Therefore, even if the victim receives the price for the sale of the right, the victim did not have the intent or ability to provide for the right to educulation.

As above, the Defendant, by deceiving the victim as above, issued a cashier’s check of KRW 20 million as the down payment on October 24, 2016 from the victim, and around March 28, 2017, 30 million as the intermediate payment.

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