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(영문) 대전지방법원 2013.12.09 2012고단4542

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From May 2010 to November 201, 201, the Defendant was a member of the clan that had been in charge of the general duties in the victim C’s clan (hereinafter “victim’s clan”); D is the current representative, E, F, and G of the said clan; E, F, and G are the members of the said clan; E, F, and G around May 19, 2010, the Defendant completed the registration of ownership transfer for H89 square meters (hereinafter “instant land”).

On May 2010, the victim clans decided to sell the instant land in order to raise expenses for the new establishment of the clans. At the time, I, the president and the president of the clan held title trust with respect to the instant land on the condition that he would later pay a certain amount of money to E, F, and G. On May 2010, the victim clans, who was revealed that I violated the foregoing I, decided to entrust the Defendant with all business related to the sale of the instant land instead of I.

In accordance with the purport of the above entrustment, the Defendant deemed “ around August 27, 2010” to be a simple clerical error at around August 27, 2010, and made it correct.

On behalf of the above registrant, J and the said registrant entered into a sales contract with the purchaser to trade the said land in KRW 489 million, and thereafter receive KRW 40 million for the same day as the down payment, KRW 60 million for the intermediate payment around January 28, 201, and KRW 50 million for the remainder payment around May 26, 2011, respectively. On July 26, 2011, the Defendant received KRW 130 million for the balance under the name of the passbook in the name of the Defendant’s Republic of Korea, and received KRW 50 million under the name of the F, E, KRW 50 million for the account in the name of E, and KRW 97 million for the account in the name of F, respectively. < Amended by Presidential Decree No. 23358, Jul. 26, 2011>

The defendant, while keeping the above purchase price for the clan, uses the fact that the members of the victim clan do not conduct a general meeting, accounting report, audit, etc. concerning the clan business, for personal purposes, such as the defendant's living expenses, etc., the balance of KRW 150,8410,000 remaining after paying to F, etc. from the members of Daejeon War.