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Reasons
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(영문) 창원지방법원 진주지원 2019.07.18 2018고단1273
횡령등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 12, 2017, the Defendant arranged for a real estate sales contract to purchase Tland at KRW 130 million from S at the time of Jinju-si, for a person who operates the G Licensed Real Estate Agent Office in Q.

1. Embezzlement;

A. On December 28, 2017, the Defendant received a delivery of intermediate payment of KRW 30 million (one million in cash, KRW 20 million in check, and KRW 20 million) from the said victim R to the seller, and embezzled for personal purposes, such as using the Defendant’s construction site funds in Gyeong-gun U.S. around that time.

B. Around March 5, 2018, the Defendant received a payment of KRW 5 million (4 million, a part of the balance of the above sales contract to be delivered to the said S, which is a part of the remainder of the said sales contract (one million won, a cash of KRW 1 million, from the agricultural bank account under the name of the Defendant), and embezzled for the victim by using the said personal purpose as above around that time.

C. On March 8, 2018, the Defendant, while receiving KRW 5.6 million in cash from the victim for expenses incurred prior to the transfer registration of ownership, such as acquisition tax and registration tax, and being kept for the victim, embezzled by using the aforementioned personal purpose at that time.

2. On December 28, 2017, the Defendant forged a private document or uttering of a private document: (a) around December 28, 2017, as seen above, delivered KRW 30 million issued by the said R to the said S under the pretext of intermediate payment; (b) in order to deceiving the victim, the Defendant prepared a receipt in the name of S with the content that “S shall be deemed to be an intermediate payment of the purchase and sale of land at the time of Jinnam-do; (c) seller: (d) affixed the seal of S voluntarily created by the Defendant on the side of “S” and then delivered it to R as if the receipt was duly formed.

Accordingly, the Defendant forged a receipt in the name of S, which is a private document on the certification of facts, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of R 1.

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