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(영문) 서울북부지방법원 2012.11.08 2011고단3243
횡령
Text

1. Defendant A shall be punished by a fine of KRW 5,000,000;

If the above defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is E’s wife, Defendant B is E’s wife, and Victim F is between E and E from 1978 to 1978.

Around November 21, 2000, the victim transferred the Gamnoba room, which was operated in his name, to H, and entered into a sales contract for transfer of 81,132 square meters and 10,000,000 won of the Gangseo-gun, the Gangseo-gun, the Gangseo-gun, the river owned by H, and entered into a title trust agreement for E and the forest above on the same day, notified H of the fact, and completed the registration of ownership transfer for the forest above at the Gyeongcheon District Court's Crossing registry office around November 23, 200.

On July 1, 2005, the victim divided the above forest land into nine lots in order to create and sell the housing site in the above forest and land. On November 8, 2007, E died on the part of the victim and succeeded to the above forest and land by the defendants. On February 3, 2009, the defendant B completed the registration of transfer of ownership on the ground of inheritance by agreement division with the J, K, L, and M from among the forest divided into the Chuncheon District Court, the defendant B completed the registration of transfer of ownership for the victim.

On the other hand, while the victim paid the acquisition tax and property tax by inheritance upon the request of the defendant A after the death of the victim, the victim found the defendant A around June 2010 and sought consent from the defendant B to borrow the forest land registered in the future B as collateral because it is difficult to punish the forest land.

However, around June 27, 2010, the Defendants sold O, K, L, and M forests registered in the name of Defendant B to 97 million won in the purchase price, and completed the registration of transfer of ownership for J, K, and L forests in the Chuncheon District Office around July 7, 2010 in the Chuncheon District Office, the Defendants completed the registration of transfer of ownership for K, K, and L forests in the P in the same place on the same day.

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

Summary of Evidence

1. Witnesses in the second trial records;

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