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(영문) 창원지방법원 2019.01.17 2017고합302
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a representative of the C Union in the Chang-gu, Changwon-si, Seoul (hereinafter referred to as “victim Association”).

On February 1, 2007, the Defendant: (a) on behalf of the Victim Association, on behalf of the Victim Association, registered the preservation of ownership in the name of C.A. for the entire 16 stores and 14 stores of the 1st floor and 3rd floor; (b) as the representative of the said Association, registered the preservation of ownership in the name of C.A. for the management and operation of the 1st and 3th floor stores of the building; (c) collected rents; and (d) sold the building in lots.

On October 20, 2014, the Defendant agreed to transfer 1/2 equity shares to G and H each of the above B building shopping mall F (hereinafter “instant shopping mall”) owned by the victim association at the E Licensed Real Estate Agent Office in Seocho-gu, Changwon-si (hereinafter “the instant shopping mall”). On the same day, the Defendant received the said two persons who completed the registration of ownership transfer and received the sales amount of KRW 500 million, used the amount of KRW 300 million for cancellation of the right to collateral security and used the amount of KRW 50 million as the sales commission for the said shopping mall, and then embezzled the remainder of KRW 195 million as the real estate intermediary fee of the said shopping mall for the victim association at his/her own expense, etc.

Summary of Evidence

1. Statements made by I and J in the second trial records;

1. A protocol of partial police interrogation of the accused;

1. Statement of the police officer to I;

1. Recording notes;

1. An investigation report (limited to a detailed statement of bank transactions), a report on investigation (a document attached to a sales contract, a certificate for the termination of a loan agreement, etc.), a report on investigation (including a document attached to a document of transaction in a bank), a statement of investigation (a document attached to a document of transaction in a transaction in a transaction in a transaction in a transaction in a transaction in a transaction in a transaction in a transaction in a transaction in a transaction in a transaction in a transaction in a manner that

1. Application of the distribution specifications by joint business proprietor, full certificate of registered matters, takeover, transfer notes (including copies of books less than 96 and 104, less than 96 and not more than 104), the current status of lease and import on the first floor and the third floor, submission of reference materials by each accused, and application of the Acts and subordinate statutes on K Bank Account in

1. Relevant Articles 356 and 355 of the Criminal Act concerning criminal facts;

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