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(영문) 서울서부지방법원 2018.01.30 2017고단2894
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates the company with the chairperson of the Dispute Resolution Co., Ltd. for the purpose of selling real estate, and entered into a sales contract with the representative director F of the Eunpyeong-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. and entered into the sales contract with the above company on June 28, 2016, and has been in charge of affairs such as the cost of division, conditions of sale, preparation of sales contract and receipt of sales amount.

On November 1, 2016, the Defendant: (a) sold the purchase price of No. 123, No. 123, 2000,000,000 won to the victim G, according to the sales agency contract for sale; (b) on November 1, 2016, the Defendant concluded a sales contract to pay the down payment of KRW 100,000 to the corporate account of the Co., Ltd. and received the down payment of KRW 100,000,000 on November 30, 2016.

On November 30, 2016, the date of additional payment for the remainder from the injured party, the Defendant received a request from the injured party to delay the payment due to a shortage in the payment due to the delay of the due date, and paid the remainder by December 14, 2016 under the consent of the said FF, and agreed to cancel the registration of lease on a deposit basis with the owner of the right to lease on a deposit basis who is a person with a right to lease on a deposit basis, in order to secure the payment for the remainder, after completing the registration of the ownership transfer in the victim's future, the Defendant made a registration of the right to lease on a deposit basis with the owner of the right to lease on a deposit basis with the owner of the right to lease on a deposit basis. On November 30, 2016, the victim transferred 50 million won out of the remainder to the KF bank account, and the KF bank paid 33,413,790 won, including the registration cost and acquisition tax, and registered the right to lease on a deposit basis with the owner in the future.

After that, while the defendant urged the victim to pay balance, etc., he/she shall be the name of the victim.

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