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(영문) 수원지방법원 여주지원 2017.08.18 2017고단208
횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 208" is a person who has been employed as an employee of F Co., Ltd. to whom the contract for the sale and purchase of the E-Japanese Housing Land was delegated to the victim C, which was created by D Co., Ltd. with the representative director.

On August 13, 2013, the Defendant entered into a sales contract with D Co., Ltd. located in G, located in Yongju City on August 13, 2013, with the Defendant’s entrustment of the purchase of land from Emmo H, and purchased from D Co., Ltd., the amount of KRW 115 million and KRW 48 million of road shares (hereinafter “one parcel of land”). On August 14, 2013, the Defendant: (a) entered into a sales contract with KRW 125 million of land and KRW 52 million of road shares (hereinafter “two parcels of land”); and (b) had H pay KRW 120 million of land as the down payment and intermediate payment for the said two parcels of land.

After that, while permission for development activities of the above land was delayed, and ownership was not transferred to H because the right to collateral security established on the land was not cancelled, the Defendant sold the above two lands from the victim C, and was delegated by H to return the purchase price to H, and sold the J land to K at KRW 137 million in the amount of KRW 10,000,000,000,000 from the land around June 26, 2015.

1. On July 3, 2015, the Defendant: (a) received 24 million won from the injured party to the Agricultural Cooperative Account (L) account in the name of the Defendant; and (b) took custody of the victim for the victim upon delegation by the injured party; (c) used 6 million won in purchasing the Defendant’s vehicle on the same day; and (d) used 24 million won in the attached Table 1 re-use from July 4, 2015 until July 4, 2015.

2. On September 10, 2015, the Defendant received KRW 17 million as part of the purchase price from K in front of the branch office located in Hongmun-dong, Hongmun-dong, from K and used KRW 15.8 million as the Defendant’s loan repayment on the same day, and embezzled KRW 17 million at will around that day by using KRW 1.2 million as the Defendant’s loan repayment.

3. The Defendant on October 26, 2015

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