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(영문) 대전지방법원 천안지원 2017.02.03 2015고단2181

횡령

Text

The punishment of the accused shall be determined by a year of imprisonment.

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

Reasons

On December 22, 2015, the crime history room (hereinafter referred to as "2016 senior group 118") of the Defendant was prosecuted for embezzlement by the Daejeon District Court's branch on December 22, 2015, and died on October 25, 2016 during the trial, and the network D is the deceased E-Fourth.

Around May 19, 1971, the ownership of 1/5 of the shares in Asan City F (hereinafter “the instant real estate”) and G (hereinafter “instant 2 real estate”) was transferred on or around March 24, 1979. Around March 8, 1994, the ownership was transferred to another family council under the name of the deceased E, and the ownership was completed on or around September 12, 2012 under the name of J and K, a child of the deceased H, and the ownership of 1/10 of the shares in each of the instant real estate was completed. < Amended by Act No. 11373, Sep. 12, 2012>

On the other hand, each of the instant real estate is a mountain for the descendants of the deceased L, the father of the deceased E, and on the ground, there is a grave for the deceased L couple, the deceased E couple, the deceased E couple, the deceased H and other relatives by blood. In order to preserve and manage the U.S. E, the deceased E trusted in the name of 1/5 of the shares of each of the instant real estate to the deceased H in Korea, and the J, K and K agreed that the deceasedD shall complete the registration of transfer of each ownership of 1/10 of the shares of each of the instant real estate to be unified in the future for the preservation and management of mountain.

On September 12, 2012, the network D completed the registration of transfer of ownership over 1/10 (J shares) shares of each of the instant real estate in the name of the network, and completed the registration of transfer of ownership over 1/10 (K shares) shares of each of the instant real estate in the name of the network around March 22, 2013, and kept 1/5 of the shares of each of the instant real estate for subsequent descendants including J et al., including J et al.

The Defendant, in collusion with the network D on May 8, 201, transferred the ownership of 4960/40959 of the instant real estate to M under the pretext of successful fees for attorneys-at-law appointed by the network D around May 8, 2013, and around May 2, 2014.