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(영문) 서울중앙지방법원 2017.06.07 2016고단2217
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Reasons

Punishment of the crime

【The Defendant’s criminal records of the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Suwon District Court on June 17, 2010, and two years of suspension of execution on June 25, 2010. The judgment became final and conclusive on November 14, 2013, upon being sentenced to eight months of imprisonment for fraud and two years of suspension of execution at the Seoul Central District Court on November 14, 2013, and the judgment became final and conclusive on November 22, 2013. The judgment was rendered on September 16, 2014 at the Jung-gu District Court sentenced to six months of imprisonment for embezzlement, two years of suspended execution, and on September 24, 2014. The judgment became final and conclusive on March 25, 2017, by being sentenced to one year and six months of imprisonment for fraud at the Central District Court on March 17, 2017.

【Defendant’s Criminal Act】 On December 3, 2009, the Defendant was working for the Defendant in Seocho-gu Seoul Metropolitan Government C

D At the D Office, with respect to the real estate located in Chungcheongnam-si and G (hereinafter “instant real estate”) that was requested by the owner E to sell by the request, the injured party entered into a contract to sell the instant real estate in the amount of KRW 215 million between the Plaintiff and the Plaintiff who represented the victim H, with the amount of KRW 25 million, and the injured party shall pay the remainder of KRW 65 million, excluding the loan of KRW 150 million, to E through the Defendant.

However, the Defendant did not notify E of the fact of trading with the victim, and even if receiving the money from the victim from the victim, he did not think that he would pay it to E, but did not have any intention or ability to transfer it to E even if receiving the money from the victim, so that he did not have any intention or ability to have the victim registered the transfer of ownership.

Nevertheless, the Defendant concealed this and entered into a sales contract as above, and then, “B shall pay the purchase price to B,” from December 3, 2009 to March 5, 2010, received KRW 40 million from the injured party, as in the order of list of crimes 1 to 4, and later, around March 5, 2010, the Defendant paid KRW 18,000,000,000 to the victim.

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