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(영문) 수원지방법원 2014.10.16 2014가합614
횡령금반환
Text

1. The Plaintiff:

A. Defendant B and C are jointly and severally liable for 295,438,830 won and its related amount from January 1, 2010 to October 16, 2014.

Reasons

1. Facts of recognition;

A. The plaintiff is a member of the family clan of G, the collective group of which is the E 8th grandchildren F, and around June 3, 1969, the plaintiff held a title trust with 1/5 shares each of the defendants, H and I, who are the members of the said clan, and H and I, respectively.

B. On March 27, 2009, Suwon-si acquired the shares of Defendant B, the shares of H’s heir on April 29, 2009, the shares of Defendant C and D on May 1, 2009, and I on August 26, 2009, respectively. At that time, the said Defendants, K, and I paid KRW 127,123,730, respectively, as compensation.

C. Defendants, K, and I were indicted for the crime of embezzlement of each of the above compensations (Defendant C, D, and K obtained transfer income tax from the Plaintiff at will without returning it to the Plaintiff, and Defendant C was sentenced to one year guilty of imprisonment (this Court Decision 2011No858) on February 9, 201, and the appellate court (this Court Decision 201No292) reversed the judgment of the court below on the ground of unfair sentencing and sentenced two years of a suspended sentence to one year of imprisonment. The above Defendant’s appeal (Supreme Court Decision 2011Do1073) was dismissed, and the judgment of conviction became final and conclusive as it is.

On November 22, 2012, Defendant B was sentenced to a suspended sentence of one year, Defendant D was sentenced to a suspended sentence of two years, Defendant D was sentenced to a sentence of ten months imprisonment, and Defendant D was sentenced to a sentence of one year of imprisonment (this Court Decision 2012No2296), and Defendant D and K appealed appealed on the ground of unfair sentencing, the appellate court (this Court Decision 2012No5702) reversed the lower judgment against Defendant D and K on January 31, 2013 and sentenced Defendant D to a suspended sentence of two years of imprisonment for eight months and one year of a suspended sentence of one year.

On the other hand, on July 7, 2014, the court of the first instance sentenced I to a separate judgment (2012 order 2296-1) sentenced I to eight months of imprisonment, and each of the above judgments became final and conclusive.

Meanwhile, in each of the above criminal trials, Defendant B deposited 120,000,000 won out of the above compensation, and Defendant C deposited 114,157,550 won on behalf of the Plaintiff. K deposited 60,000 won.

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