업무상횡령
The defendant shall be innocent.
1. The summary of the facts charged is the person who is the head of the Victim C Village Association located in Chungcheongnam-gun, Chungcheongnam-do from January 1, 2014 to July 6, 2018 and has been engaged in the management of property of the Victim C Village Association.
In accordance with the title trust agreement with the victim community association, the defendant acquired the registration of the above land in the name of the defendant and stored the above land for the victim in the course of business, while the victim community acquired the registration of the above land in the name of the defendant, and received the loan from the financial institution as collateral and received the loan for personal use.
On December 28, 2017, the Defendant took out a loan of KRW 50 million from the F Bank Boan-gun Branch of the F Bank Bohbuk-gun, Chungcheongnam-do, and entered into a mortgage agreement with the victim’s village without the consent of the Committee. On the same day, the Defendant, at will, entered into a mortgage agreement with the debtor, and registered the establishment of a neighboring land on the same day.
As a result, the Defendant embezzled the land owned by the victim in the course of business.
2. In the event that a title truster and a title trustee entered into a so-called contract title trust agreement with the owner who is aware of the fact that the title trustee becomes a party to the contract and entered into a sales contract for real estate, and the registration of ownership transfer of real estate is completed under the name of the title trustee pursuant to the sales contract, the registration of ownership transfer under the name of the title trustee is null and void pursuant to the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and the ownership of real estate is owned by the seller. Therefore, the title trustee cannot be deemed to
On the other hand, the trustee is against the seller.