횡령등
The defendant is not guilty. The summary of the judgment of innocence shall be published.
1. The Defendant: (a) completed the registration of ownership transfer under the name of the Defendant on May 23, 2011 and kept the J 104-dong 401 (hereinafter referred to as “instant apartment”) under the name of the Plaintiff, who purchased from the Plaintiff, from the Plaintiff, on March 24, 2011, in the name of Seo-si G and 103-dong Ha-dong 802 (hereinafter referred to as “instant apartment”) purchased from the F; and (b) completed the registration of ownership transfer under the name of the Defendant; and (c) completed the sale right under the name of J 104-dong 401 (hereinafter referred to as “instant apartment”). < Amended by Act No. 11388, Mar. 22, 2012>
As of September 27, 2013, E died on September 27, 2013, the Defendant’s husband K, victim L, and M inherited each share of 1/3 of the deceased (hereinafter “the deceased”).
A. On March 7, 2014, while the Defendant was in custody of the victim L and M’s shares, the Defendant was arbitrarily loaned KRW 201,600,000,000,000,000,000,0000 to the apartment of this case at the point of the station of the camping tower of the Korea Exchange Bank located in Seongbuk-gu, Sungnam-si, Sungnam-si, for the purpose of establishing a mortgage on the apartment of KRW 201,600,00,000,000,000,000
As a result, the Defendant embezzled total of KRW 15,33,33 (46 million x 1/3) of KRW 30,66,666, and KRW 666 for each of the amount of debt guaranteed by the victims.
B. Although the Defendant, in breach of trust, has a duty to preserve and manage the sales right of this case under the name of a good manager, he/she violated his/her duty and sold the sales right of this case to P at the O office located in Mapo-gu Seoul, Mapo-gu, Seoul at KRW 614,150,000.
As a result, the Defendant in violation of his duties acquired property benefits equivalent to the amount of the victims’ share out of KRW 614,150,000 (614,433,332 x 2/3) of the market price of the instant right to parcel out of KRW 614,150,00, and incurred property damages to the victims, respectively.
2. Defendant and his defense counsel’s assertion (1) In the case of the apartment of this case, the Defendant is the deceased.