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(영문) 수원지방법원 안양지원 2016.10.07 2015고정712
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant served as an employee of "D" operated by C, the purpose of which is to conduct real estate brokerage and collect fees, and when the defendant receives the fees for real estate brokerage, the defendant was divided into the victim and the six (Defendants): 4 (victims).

On February 2, 2013, while mediating the lease of E Apartment 20,00 Dong 10 (F Child Care Centers), the Defendant received KRW 12,00,000 from the lessee G and received brokerage commission from the lessee G, and around that time, the Defendant concluded that “4 million won was paid to the joint intermediary and paid KRW 3,00,000 to the joint intermediary,” and paid only KRW 1,20,000 corresponding to the above ratio. However, with respect to KRW 5,00,000,000 as to the brokerage commission, the Defendant embezzleded it without paying the amount of KRW 2,00,000 corresponding to the above ratio to the victim for personal use.

Summary of Evidence

1. Legal statement of witness G;

1. Application of C’s protocol of interrogation of the accused to the prosecution

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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