업무상횡령
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant
A is the chairperson of the family of the victim D's descendants, and the defendant B is the spouse of the defendant A.
The Defendants filed a civil lawsuit against L and M among the clans transferred to others using the fact that E, F, G, H, I, J, and K (hereinafter “instant real estate”) was under the victim’s name and is not under management. Since then, in the event the instant real estate is under the name of a clan, Defendant A received the instant real estate in trust through a clan general meeting to prevent the situation where the instant real estate is disposed of by M, etc., in order to prevent the disposal of the instant real estate by a clan, etc.
The Defendants offered the instant real estate as collateral and conspired to use money as living expenses, etc. because they were unable to live in normal life due to their lack of living due to their failure to engage in a normal life while filing a lawsuit against L, M, etc.
1. On December 19, 2014, the Defendants borrowed KRW 50,000,000 from P to the purpose of using the “O” office located in Chuncheon-si, N for living expenses, etc. on or around December 19, 2014, the Defendants established a right to collateral security of KRW Q, R, the maximum amount of claims,00,000 on the instant real estate owned by the victim under the name of the Defendant A, as above, on the instant real estate owned by the victim under the Defendant A.
2. On June 4, 2015, the Defendants borrowed KRW 25,000,000 from P to the “O” office around June 4, 2015 for the purpose of using the existing personal debt repayment, living expenses, etc. with respect to P, and set up a collateral security right of KRW 35,00,000 on the instant real estate owned by the victim under the name of the Defendant A, as seen above, for the purpose of using it as the personal debt repayment, living expenses, etc. for P.
3. On November 26, 2015, the Defendants borrowed KRW 36,545,00 from P for the purpose of using the aforementioned “O” office around November 26, 2015 as interest on P’s existing obligations, Defendant A’s hospital expenses, living expenses, etc.