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(영문) 의정부지방법원 2015.01.05 2014고단1269
횡령
Text

Defendants shall be punished by imprisonment for two years.

However, with respect to Defendant A, it shall be for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the birth of the victim E, and the defendant B is the marital relationship with the defendant A.

around August 23, 1982, the victim E purchased the 1/4 share of the above real estate (hereinafter “instant share of the land”) from the owner G of the share of the Gangnam-gu Seoul FF large 1331.2 square meters (hereinafter “instant land”) and entered into a title trust agreement with the Gangnam-gu Seoul Metropolitan Government registry office after completing the registration of ownership transfer in the name of Defendant A, and notified the Defendant A of the registration of ownership transfer, and the Defendant A was also known. Around August 28, 1982, the victim E entered into a title trust agreement with the consent of the defendant, and around August 12, 1992, the above Gangnam-gu Seoul Metropolitan Government FF underground floor 41.58 square meters and 1/4 share of 1/607.32 square meters of the first floor (hereinafter “instant share of the building”) under the name of the defendant A and notified the defendant of the registration of ownership preservation and the consent of the defendant A.

Defendant

A kept the 1/4 shares of the above land and buildings for the victim, around June 2013, Defendant B requested the principal of the I clerical staff of the law firm I located in Seocho-gu Seoul Metropolitan Government H to lend the above real estate as collateral, and J made it possible to obtain a loan from the Young Mutual Savings Bank through Yong-jin K, etc.

As above, the Defendants offered to obtain a secured loan on the said real estate by creating a title trust of the said real estate from the victim.

On August 23, 2013, when the Defendants received a loan of KRW 2 billion from a limited partnership company, Jinjin Mutual Savings Bank, located in 472, Seocheon-gu, Seoul Special Metropolitan City, Seocheon-gu, Gyeonggi-do, the Defendants established a collateral security right with regard to the above-gu F land, the maximum debt amount of KRW 2.8 billion for the first-fourth share of the building, and the limited partnership company, Jin Mutual Savings Bank, which is the mortgagee.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Each legal statement of witness E and L;

1. Defendant A.

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