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(영문) 대전지방법원 천안지원 2015.01.07 2014고합179
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, as the general member of the victim D clan (hereinafter referred to as the "family member"), decided to trade part of the land owned by the clan in order to raise funds for the operation of the clan at the general meeting of the clan around April 201, and was entrusted by the clan with all duties concerning the trade of the clans.

1. The Defendant, while serving as the general secretary of the clan as above, while taking over the financial affairs of the clan from E around the end of 2008, he was issued with the passbook in the name of the clan and managed for the clan, when the funds of the clan amounting to KRW 19,975,307 were carried over around March 31, 201, he embezzled the funds of the clan amounting to KRW 3,00,000 for personal debt repayment from a member of the Asan-si around April 8, 2011.

2. The Defendant had been entrusted with the business of selling the land owned by a clan as above, sold the land owned by a clan to a third party in mind, with the intention of using the money received in mind.

On May 27, 2011, the Defendant: (a) at H Licensed Real Estate Office operated by G, the spouse of the Defendant located in Asan City F, the Defendant: (b) sold K 5,90,000 square meters of land and J 731 square meters of land and J 1,653 square meters of land and (c) concluded a contract to sell 1,420 square meters of land and M 2,282 square meters of land to N 650,000,000 won in total; (c) while the Defendant was kept for a clan with the Defendant’s total purchase price of KRW 1,240,00,000 from K and N, the Defendant embezzled 783,000,000 of the above price for personal living expenses of the Defendant or for the Defendant’s personal operation of the company.

B. On February 20, 2012, the Defendant entered into a contract with P to sell KRW 2,300,000,000 of the purchase price of KRW 60,694 square meters of the Asan-si, which is a clan owner, at the H Licensed Real Estate Office around February 20, 2012, and embezzled it by using it for personal management funds of the company run by the Defendant, while receiving the down payment of KRW 200,000,00 from P.

C. 1 Defendant.

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