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(영문) 서울중앙지방법원 2014.04.04 2013고합1072

특정경제범죄가중처벌등에관한법률위반(횡령)

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 6, 2003, the Defendant is the president of the Victim D clan (hereinafter referred to as the “victim clan”) who represents the Victim clan and has been in charge of overall affairs.

On October 6, 2003, the Defendant transferred 946,857,000 won of the accommodation compensation of 14,599 square meters to the agricultural bank account under the name of the Defendant from the Korea Land Corporation, which is the victim’s clan, to the land owner, and around April 8, 2005, the Defendant transferred 379,794,300 won of the accommodation compensation for five parcels of land, including 15,769 square meters of the victim’s clan from the Korea Land Corporation, which is the victim’s clan, to the same account, and the Prosecutor charged this part of this part to the same account by stating that “379,79,714,300 won of the accommodation compensation for four parcels of land, including 15,769 square meters of the farmland, the victim’s clan, which is the victim’s clan, from the Daejeon Land Corporation, at the road management office located in the Dong-si, Si-si, Busan Special Metropolitan City.”

However, according to the record on April 8, 2005, the fact that the expropriation compensation amounting to KRW 379,794,300 [the expropriation compensation amounting to KRW 9,587,400 [the expropriation compensation amounting to KRW 370,206,90 [the expropriation compensation amounting to KRW 4 lots such as Asia-si F, L, M, and N] was transferred on or around April 8, 2005.

(2) On May 4, 2007, the court below held the following: (a) around 3,054,682,00 won which was deposited in the same account and transferred to the same account the sum of KRW 4,381,33,300 which was transferred to the victim's family for the purpose of the victim's clan; (b) the legal nature of the above clan's clan is not a clan but a similar organization of the victim's clan, or for convenience; (c) the above clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan's clan'.