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(영문) 인천지방법원 2017.05.25 2015고단5813

횡령

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

In the Nam-gu Incheon Metropolitan City, the 3,124 square meters (hereinafter “the land No. 1”), D, the 1,028 square meters (hereinafter “No. 2”) and E, the 1,907 square meters (hereinafter “No. 3 land”), and the 1,907 square meters (hereinafter “the above land”; and the “the instant land” collectively referred to as “the instant land”) were located on the part of F grave, and the victim F clan (hereinafter “victim clan”) owned it before the situation of the Japanese colonial rule. Pursuant to the trust agreement between the victim and the trust party as the victim and the trustee, G acquired the instant land in its name by considering the circumstances of the instant land.

Since then, the victim entered into a trust agreement with the truster as to the land H and H as the victim and the trustee (as to the land No. 1, the agreement between the victim and H was concluded, and the title trust agreement entered into between the victim and G was terminated.

(C) On January 11, 1916, on land No. 1, 1916, each ownership preservation registration was completed in H’s name, and on land No. 2, and No. 3 in G’s name.

Since then, the victim again entered into a trust agreement in the name of I, J, and K three trustees (hereinafter “title trustees”) with respect to each one-third of the instant land, and the trustor, and the trustee entered into a trust agreement in the name of I, J, and K with respect to each of the instant land as one-third shares, and completed the registration of the transfer of ownership in the name of the trustee on January 20, 1916 with respect to each of the instant land as one-third shares.

Of the trustees, K died on October 15, 1951 and succeeded to the status of trustee with respect to each of 1/3 shares of the instant land. L was deceased on February 10, 1981 and succeeded to the status of trustee with respect to each of the instant land jointly in the name of the Defendant, N,O, P (open Q prior to the name of his/her spouse) and his/her own consciousness, but it was registered in the name of K by not later than May 7, 2014 without the inheritance registration.

The Defendant, around 201, in the name of K, 1/3 shares of each of the instant land in around 201.