특정경제범죄가중처벌등에관한법률위반(횡령)
The accused shall disclose the summary of the judgment of innocence.
1. Around November 2015, the Defendant: (a) received a proposal from the victim E to make a business generating profits by selling the H and I land of Geumsan-gun; and (b) made an investment by selling the land at a successful bid; and (c) made it possible for the Defendant to divide profits by the share ratio; (d) the Defendant made an investment of KRW 44 billion and the Defendant’s investment of KRW 110 million in total to F Co., Ltd.
G was awarded a successful bid on November 19, 2015 and completed the registration of transfer of ownership in the name of F Co., Ltd. under the said investment agreement. On the same day, the Defendant and the victim filed a provisional registration for the purpose of preserving the right to claim transfer of ownership on the land under the name of the Defendant to secure KRW 55 million of the said investment amount.
On April 17, 2017, the Defendant transferred his investment shares to J on the part of the victim, and arbitrarily transferred the above provisional registration to J on the part of the victim.
Accordingly, the defendant embezzled the victim's property equivalent to 550 million won in the profit amount.
2. Defendant and his defense counsel’s assertion
A. The provisional registration (hereinafter “the provisional registration of this case”) completed in the name of the Defendant with respect to the H and I land (hereinafter “each land of this case”) is a provisional registration for the purpose of preserving the order of the right to claim for registration of transfer of ownership, not a provisional registration for the purpose of security, and the provisional registration of this case completed in the name of the Defendant according to the name trust agreement with the victim is null and void (see Article 4(2) of the Act on the Registration of Real Estate under Actual Name), and the Defendant is in the position of “a person who keeps another’s property.”
shall not be deemed to exist.
(b) Provisional registration cannot be an object of embezzlement because it is merely a right;
(c)
The Defendant transferred his membership to J, and the Defendant had the intent to commit embezzlement or to obtain unjust enrichment.
shall not be deemed to exist.
(d)
For the defendant.