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(영문) 대전지방법원 논산지원 2018.08.17 2018고단92
횡령등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant received a request from J in Daejeon on July 2015 to intermediate the sale and purchase of the above building from J in Jincheon-gun E-G Ho commercial building H to the original owner of the said building, and the victim I by mediating the victim I.

2. A sales contract for the above commercial building between the victim and H (the purchase price of KRW 2.2 billion, the down payment of KRW 4440 million, the intermediate payment of KRW 440 million, the remainder payment of KRW 1.32 billion, and the remainder payment of KRW 1.32 billion) was arranged to be concluded. On the same day, the victim paid KRW 220 million to the above H as the down payment, but the remainder and the remainder were not paid.

The defendant would pay 60 million won to the victim who intends to cancel the above sales contract "(220 million won of the unpaid down payment and the intermediate payment of 440 million won)" and will take the new purchaser into consideration if the contract is maintained by the defendant.

If the buyer receives the above 660 million won from the buyer, he shall be paid the above 60 million won.

Around November 16, 2015, the Court decided to mediate the sale and purchase contract (the above shopping district F -G head 2.2 billion won, the basement level 400 million won) with the victim’s successor, and the above J agreed to pay the victim the remainder of the money excluding the above KRW 660 million to the victim on the same day, and the above H paid the remainder to the victim 66.6 billion won.

On the other hand, the above J knew of the fact that it received a loan from the second financial right to raise the above purchase price, and, on January 2016, 2016, the above J would provide KRW 50 million to cover some interest to be borne by the said J at the time of completion of the above commercial construction.

The above J talked to the above J, and the above J requested the above H to deliver the above KRW 50 million to the victim.

On the 15th day of the same month, the Defendant received KRW 50 million from the credit cooperative account in the name of the Defendant and kept for the sake of the victim. On the 15th day of the same month, the Defendant arbitrarily used the money by transferring the money to the creditor of the Defendant and the personnel M of the said broker office.

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