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(영문) 청주지방법원 충주지원 2021.01.14 2020고합34

특정경제범죄가중처벌등에관한법률위반(횡령)

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Defendants shall be punished by imprisonment for two years.

However, as to the Defendants for three years from the date of the final conclusion of this judgment, the said judgment is against the Defendants.

Reasons

Punishment of the crime

Defendants are married to the Defendants, and C is the actual operator of the Victim D Co., Ltd. (hereinafter “victim”).

After acquiring forest land through public sale or auction, the Defendants and C agreed to develop it as a site for electric source housing and to jointly purchase E forest land E 8,516 square meters (hereinafter “instant real estate”) for the investment.

According to the above agreement, Defendants and C jointly purchased the instant real estate by participating in the public auction procedure, and completed the registration of transfer of ownership in the name of the victimized company on May 31, 201, and completed the provisional registration in the name of Defendant B around November 18, 201.

After that, the Defendants and C agreed to obtain a loan in order to raise construction cost for the site of electric source housing, and to trust the instant real estate in the name of Defendant B with a good credit rating for the loan, and accordingly, Defendant B completed the registration of transfer of ownership based on the provisional registration around September 22, 2014.

However, the Defendants thought that Defendant B was registered as the owner of the instant real estate in accordance with the trust agreement under the name of the said real estate owner, with the intention to dispose of the instant real estate at will.

The Defendants kept the instant real estate on behalf of the victimized Company on August 10, 2016, sold the instant real estate at the G attorney-at-law office located in Chungcheongnam-si, Chungcheongnam-do around August 10, 2016 to H in the cost of KRW 1.89 billion, and completed the registration of transfer of ownership on September 30, 2016.

Accordingly, the Defendants conspired and embezzled the property of the victimized company.

Summary of Evidence

1. The protocol concerning interrogation of the witness C’s legal statement by the prosecution against the Defendants

1. Statement made by the police against C;

1. The civil records of the judgment of the first instance and the civil records of the judgment of the second instance;

1. Notice of decision on sale, entire certificate of registered matters (O.S. E), details of payment of interest on the I.S. association, receipts, and other certificates of confirmation of remittance (C.);