횡령등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendants are children B, victims C, victims D and brothers and sisters, who are children of the deceased father E.
After the inheritance commenced on July 4, 201 due to the death of E on July 4, 2011, the Defendant, B, and victims filed a claim for the division of inherited property with the Seoul Family Court against E’s wife F and F’s son G, who possessed the inherited property as another inheritor, and on June 7, 2012, the conciliation was concluded to the effect that “B’s representative will receive KRW 370 million from F.”
Around September 6, 2012, the Defendant, B, and the victims agreed that B shall have KRW 125 million (including all of the litigation costs) out of the above inherited property division amounting to KRW 370 million, the Defendant shall have KRW 48 million, the victim C shall have KRW 120 million, and the victim D shall have KRW 77 million, respectively.
B received KRW 20 million from F in the middle of October 2012 from F, and divided B into KRW 70 million, Defendant KRW 30 million, Victim C KRW 70 million, and Victim D KRW 30 million.
Therefore, out of the balance of the inherited property division amount to be paid by F after this year, KRW 50 million was the Defendant’s share, KRW 18 million, and KRW 50 million was the Victim C’s share, KRW 47 million, and KRW 47 million.
B received KRW 27 million from F under the pretext of giving tax less than 10,000,000,000 from F, and later the tax became as it is and the dispute arises, B offered the remainder of KRW 27,000,000 which was already paid and received from F.
1. Around November 25, 2012, the Defendant conspireded to have a written agreement to divide the amount of KRW 143 million, when receiving KRW 100 million from B and F, from the office located in Songpa-gu Seoul, Songpa-gu, Seoul.
On November 30, 2012, the Defendant, together with B, received KRW 143,00,000 from F, and kept for victims at the J attorney-at-Law Office located in Songpa-gu Seoul, Songpa-gu, Seoul. On the same day, the Defendant was at the point of EB National Bank Twit-dong, Songpa-gu, Seoul.