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(영문) 대전지방법원 홍성지원 2017.10.10 2017고단416

횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant: (a) was entrusted by the victim’s clan in the name of 14,97 square meters (hereinafter “the instant real estate”) in the name of 1/2 of the forests and fields owned by the victim’s clan Hong-gun, Hongsung-gun; (b) was requested on November 2015 to return the instant real estate from F, the chairperson of the victim’s clan to the victim’s clan; (c) the Defendant himself asserted that he was the actual owner of the instant real estate; and (d) refused to return the instant real estate; and (e) around April 4, 2016, the H certified judicial scrivener office located in Hong-gun, Hong-gun, Hong-gun, for the real estate as if the instant real estate was owned by the Defendant; and (e) the publicly announced amounting to KRW 63,000,000,000,000,000 for the Defendant’s son, without the consent of the victim’s clan, and completed the registration of the instant real estate under the name of the said I.

Accordingly, the defendant embezzled the property kept for the victim's clan.

2. On February 10, 2006, while the Defendant was keeping the instant real estate for the said clan as stated in paragraph 1, the Defendant confirmed the fact that the said clan was entrusted to the Defendant with the title of the instant real estate.

“The” purport is to prepare one copy of the “real estate name trust agreement” (hereinafter “instant contract”) and write the Defendant’s signature in the column of the trustee of the instant contract, and then affix the Defendant’s seal impression affixed thereon.

Nevertheless, around August 2016, the above F was punished for embezzlement suspicion and submitted the instant contract to the Hongsung Police Station, and the Defendant prepared a false complaint to the effect that, in order to cope with the instant contract, the HA’s office located in Chungcheongnam-gun around October 2016, “F would be punished for forging the instant contract,” and the above complaint is above the above written complaint around the fourth day of the same month.