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(영문) 광주지방법원 2018.02.20 2017고단331

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

Punishment of the crime

The Defendant died on May 19, 2012. On October 12, 2012, the Defendant: (a) registered the transfer of ownership in the name of the Defendant; (b) registered the transfer of ownership in the name of the Defendant with the heir, including the Victim G, Victim H, and Victim I, and F; (c) registered the transfer of ownership in the name of the Defendant; and (d) registered the transfer of ownership in the name of the F M No. 101-dong 804 in the name of the F, the real estate in the name of the Defendant was sold later and entered into a trust agreement in the name to distribute the purchase price by inheritance under the Civil Act.

1. On December 5, 2014, the Defendant, on December 5, 2014, changed the maximum amount of KRW 300 million to J land to KRW 336 million and established the debtor’s right to collateral security and the person holding NB and the right to collateral security as the Nonghyup Bank Co., Ltd., and additionally borrowed KRW 30 million on November 27, 2012.

Accordingly, the Defendant embezzled 6/13 shares of victims among J 3,258 square meters in Naju-si.

2. On August 19, 2015, the Defendant, on August 19, 2015, embezzled the amount of KRW 40 million out of the loans received by the victim I under his/her name from the victims as collateral No. 101-dong M No. 804, Gwangju Northern-gu, which had been registered under his/her name, was specified as the purpose of using as the repayment of interest, etc. on the existing loans under the name of the deceased F, and embezzled the amount of KRW 35 million in cash during his/her custody for the victims, and embezzled it for personal purposes, such as withdrawing the amount of KRW 35 million in cash during his/her custody for the victims.

3. On December 8, 2015, the Defendant, on December 8, 2015, changed the maximum amount of KRW 336 million to J land to KRW 420 million on J land as of December 8, 2015, and the Defendant established the debtor’s right to collateral security with the Defendant and the mortgagee as the Nonghyup Bank Co., Ltd., and additionally borrowed KRW 70 million on December 5, 2014.

Accordingly, the Defendant embezzled 6/13 shares of victims among J 3,258 square meters in Naju-si.

4. January 28, 2016

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