beta
(영문) 대전지방법원 천안지원 2012.07.19 2012고단150

횡령

Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for 3 years from the date of the final judgment.

Reasons

Punishment of the crime

On February 19, 2004, the Defendants decided to jointly purchase the land of five parcels listed in the attached Table 2.49,3260,000 won in the price for the land owned by D, E Forest E 9,025 square meters, etc. on February 19, 2004. On April 6, 2004, the victim F also paid 520,000,000 won for the share of 25 minutes of the above land to be a joint purchaser with the Defendants. However, the Defendants delegated the purchase and management of the above land to the Defendants.

As above, the Defendants were entrusted with the authority of the victim to purchase the above land and manage and preserve the land equivalent to the share of the victim's ownership, and purchased the above land from the above D on July 30, 2004 by taking into account the convenience of disposal, etc., and completed the registration of ownership transfer under the name of the defendant-friendly G with the defendant A-H on July 30, 2004. The Defendants were jointly managed with regard

1. On September 19, 2008, the Defendants made it possible for the Defendants to register the creation of a new maximum debt amount of KRW 300 million in the future, a creditor of Defendant A, using the registered titleholder G’s seal imprint, a certificate of personal seal impression, etc. with respect to the entire shares of the above E E and the remaining four parcels.

2. On January 12, 2009, the Defendants made a registration of creation of a mortgage over KRW 500 million within the scope of the maximum debt amount, a creditor of the DefendantB, using the registered titleholder G’s seal imprint, a certificate of personal seal impression, etc. with respect to the whole E’s share in the above land.

As a result, the Defendants conspired and embezzled the amount equivalent to the victim's share in the above land.

Summary of Evidence

1. Part of the Defendants’ legal statement (the fact of establishing neighboring mortgage, etc.)

1. Each prosecutor's protocol of examination of the Defendants and G

1. The police statement concerning F;

1. A president of the F;

1. Joint investment agreement;

1. A certified copy of each real estate register;

1. A real estate sales contract;

1. A statement of reason for appeal;

1. Prosecution investigation report seller D and.