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(영문) 대전지방법원 2016.12.13 2015고단3025

횡령

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. After the Defendant’s father’s death on September 25, 1977, on the part of the Defendant’s father’s death, the registration of ownership transfer was completed by inheritance shares on January 23, 1990 by the wife and children of the J, Chungcheongnam-gun, and other real estate owned by him. On March 8, 1990, the conflict arises between the Defendant’s mother and his sibling regarding the distribution of inherited property as the Defendant’s mother and sibling completed the registration of ownership transfer of each real estate that the Defendant had obtained the victims’ seal impressions and relevant documents.

around May 12, 1991, in Seoul Special Metropolitan City L, in order to consult on the distribution of the deceased's inherited property, the Defendant, M, N,O, P, Q, the Defendant's wife, etc. among the inherited property: (a) Class C K, T, U, V, and W have ownership; (b) X,Y, Z, AB, AB, AC, AC, AD, and AE have 20% of the wife AF (Death on November 9, 2004); (11% of the female NN; and (b) the male Defendant 48% of the shares; and (c) each owner of the real estate registry has purchased the shares of the aboveO as the owner of each real estate; and (d) the Defendant has agreed to keep the ownership transfer registration in accordance with the aforementioned ratio if requested by the right holder.

On December 6, 2013, the Defendant, in collusion with R, made a registration of establishment of a mortgage, embezzled KRW 56,652,060, which is the amount equivalent to N, S, and the amount equivalent to the share of each of the said real estate, from among the said real estate, to the Defendant, the maximum debt amount, KRW 84 million, and KRW 56,652,060,00, which is the amount equivalent to the share of the victim of the said real estate, without the consent of the victim N, S, and KRW 32,712,00,000, when opening a marina loan account within the limit of the maximum debt amount.

(b) Registration of transfer of ownership;