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(영문) 대전지방법원 홍성지원 2017.08.29 2017고단287
횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around April 17, 2013, the Defendant embezzled land compensation under a trust with the network D, which was put up by the victim C, and when he/she was admitted to and deposited part of 14 lots of real estate in the name of his/her heir, such as Boan-si, E, F, G, H, I, J, K, L, M, N,O, P, Q, R, etc., he/she had the intent to receive the compensation at will. On June 17, 2013, the Defendant refused to voluntarily receive the compensation when he/she was admitted to and paid the compensation to the Ministry of National Defense. From the Redsung branch of the Daejeon District Court in Hongsung-si, Hongsung-gun, Hongsung-gun, Hongsung-gun, the Defendant sent KRW 13,107,490 out of the above compensation. On August 19, 2014, the court issued the above compensation amount to KRW 21,407,271, and received KRW 3514,761.

2. On May 24, 2013, the Defendant embezzled real estate embezzlement by refusing to return the above shares in the market value of KRW 8,577,984, which is kept by the Defendant’s hand-on, T, and U.S. gifting around December 16, 2014, inasmuch as he/she was given notice that the trust relationship between the Defendant and the Defendant was terminated by the Defendant’s clan around May 24, 2013.

Summary of Evidence

1. Statement protocol of the police concerning V;

1. Investigation report (verification as to whether the A deposit has been withdrawn);

1. Minutes, minutes, materials of meetings, and all certificates of registration of the clan;

1. The document of the judgment on the transfer of ownership by 2013 Ghana 3156, the document of the judgment on the transfer of ownership by 2015Na 1176, and the document of the judgment on the transfer of ownership by 2015Da73166;

1. Determination as to the assertion by the Defendant and his/her defense counsel on one copy of individual published land access and one copy of a certificate for the entire registration of real estate

1. Summary of the assertion

A. The victim C's clan (hereinafter "victim C's clan") is not a unique clan but a non-permanent organization of the same clan, and it is not a clan of the unique meaning, and it is 14 in total, including the E, F, G, H, I, J, K, L, M, N,O, P, Q, R, and Boli-si.

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