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(영문) 의정부지방법원 2013.04.11 2013고단472

업무상횡령

Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 10 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A, from January 1, 2004 to December 31, 2009, was the chairperson of the victim's clan, and Defendant B was engaged in the management and enforcement of real estate and funds owned by the above clan clan while working at the general affairs of the above clan clan clan.

On September 10, 2007, the Defendants conspired to sell to G 425,100,000 square meters in fact, which is the ownership of the above clan, at the certified judicial scrivener office located in Seocheon-si, Seocheon-si, for KRW 42,50,000,000, but as if sold in KRW 366,80,000,000,000,000 as the down payment, and then embezzled the sales contract by using it for personal purposes while receiving KRW 18,5,100,000 as the down payment on September 20, 2007.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H;

1. A complaint;

1. Application of each sales contract (No. 2, No. 13) and Acts and subordinate statutes;

1. Relevant Articles 356, 355 (1), and 30 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each fine (the fact that the accused remitted the amount of KRW 29 million to the general account of the family council of the victims to the total account of the family council of the victims) and the fact that the accused has repaid the sum of KRW 58 million to the family council of the victims, etc.);

1. Articles 70 and 69 (2) of the Criminal Act;