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(영문) 울산지방법원 2016.02.18 2015고단555
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On November 5, 2009, the Defendant agreed with the victim B to operate a real estate brokerage business together, and received approximately KRW 90 million from the injured party to invest, and paid KRW 80 million among them as the lease deposit money of the Seocho-gu Seoul Metropolitan Government Authorized Brokerage Office.

After that, on February 2012, the Defendant closed the business of the said authorized broker office with the end of the end of the business, etc., and subsequently, on March 2012, the Defendant returned approximately KRW 70 million of the remainder of the lease deposit except for the monthly rent, etc. carried out by the lessor of the said office, and embezzled the Defendant’s personal stock investment, etc. by arbitrarily consuming it for the victim during the custody of the victim.

2. The Defendant, upon the termination of a partnership relationship, received demands from the victim B to return his/her investments in the partnership business several times, and, in order to avoid the bankruptcy procedure, re-investment the balance of investment in the partnership business and purchased real estate together with a new partner E, forged the relevant transaction contract and had the victim know about the fact that he/she purchased real estate with a new partner E.

Accordingly, for the purpose of exercising at the Defendant’s house located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, the Defendant, without authority, stated in the column for real estate location as “408,” “Seoul Special Metropolitan City G Building 408,” “10 million won,” “25 April 2012,” “H” in the seller’s column, and “E” in the buyer’s column without authority, and forged one transaction contract, which is a private document on the rights and obligations under the name of the Defendant’s house located in the above H and E, with the seals affixed to each of the above H and E.

On the same day, the Defendant presented the forged transaction agreement to the victim B who is aware of the circumstances at the mutual infinite coffee shop located in Dobong-gu in Seoul Special Metropolitan City on the same day as if it was duly formed.

Summary of Evidence

1. The prosecution and the police with respect to B.

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