(영문) 서울서부지방법원 2006. 5. 10. 선고 2005고단1272 판결[횡령·부동산실권리자명의등기에관한법률위반][미간행]
Defendant
Egypt
A person shall be punished by imprisonment with prison labor for not less than two months for a crime set forth in Article 1 of the judgment of the accused, or for not less than eight months for a crime.
The number of detention days prior to the issuance of this judgment shall be included in the above sentence for the first crime as stated five days.
On June 13, 2003, the defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act in the branch court of the Seoul District Court on the 21st of the same month, and the judgment becomes final and conclusive and is still in the grace period;
1. On January 29, 2003, at the first place where a police officer was not located, Nonindicted 2 guaranteed Nonindicted 2’s debt, and asked the victim Nonindicted 2 to title trust the house north dong, Seodaemun-gu, Seoul, Seoul (hereinafter omitted). At that time, the Seoul Western District Court received the documents related to ownership transfer from the victim and received the ownership transfer registration from the victim and entrusted the ownership transfer registration under the name of Nonindicted 3, who is the defendant who is aware of the fact at the Bupyeong-gu registry office, and was registered under the name of the defendant who received the ownership transfer registration in the name of the Seoul Western District Court.
2. Around July 24 of the same year, at the (trade name omitted) Licensed Real Estate Agent Office located in Seodaemun-gu Seoul, Seodaemun-gu (Seoul Metropolitan City Number omitted), the said house was sold to Nonindicted 4 in the purchase price of KRW 95 million without the victim’s permission, and the said house was embezzled on August 14 of the same year after completing the registration of ownership transfer for the said house under the above Nonindicted 4’s name.
1. Part concerning the statement of Nonindicted Party 1 and 2 in the prosecutorial investigation protocol against the defendant
1. Previous convictions: Criminal records;
1. Article applicable to criminal facts;
Article 35(1) of the Criminal Act, Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name
1. Handling concurrent crimes;
The latter part of Article 37 and Article 39(1) of the Criminal Act
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Act
Judges Jin-cons