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(영문) 대구지방법원 2016.11.04 2016고단3193
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 16, 2014, the Defendant, as a person operating D Licensed Real Estate Agent in G in G, G, the victim E, F, and G, entered into a land purchase services contract for collective housing projects conducted by the said D Licensed Real Estate Agent Office, H representative director I Co., Ltd. and the said Company, at the Gyeongdong-gun Jldong-gun, and agreed that, while jointly providing land purchase services with the victims, the Defendant would receive 80 million won of land purchase services fees from H, and bring 1/2 of them to 1/6 of them, and the victims would bring about 1/6 of them.

On June 15, 2015, while receiving KRW 100,000 from H and keeping for victims the land purchase service fee of KRW 247,738,313 was disbursed arbitrarily from June 15, 2015 to July 15, 2015 while remitting KRW 4,00,000 to HK at will on the same day, and embezzled it, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled money in custody for the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of each police officer's statement about E, F, G, and I;

1. Each Defendant asserts to the effect that each of the funds listed in each land purchase services contract, the details by member transaction account, the details of funds execution, total area and sales amount, notes, cash storage certificates, written confirmations, and written agreement is not embezzled, since each of the funds listed in the annexed list of crimes was disbursed to carry out land purchase services.

In other words, the defendant is under investigation by the prosecutor, and the defendant is under investigation and pays to 6 persons such as the above L, etc.

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