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(영문) 의정부지방법원 2017.02.13 2015고정2659
횡령
Text

Defendants are not guilty.

Reasons

1. Defendant C is the chairman of the Victim F clan, and the rest of the defendants are the members of the above clan.

While the Defendants received and managed the land of this case under the name of the trust in the name of the victim, the Defendants received from the Korea Land Corporation around July 28, 2008 the total compensation of KRW 126,498,660, which was 1/5 of the total compensation of the land of this case, from each of the victims and kept them for the sake of the victim’s clan, while the Defendants received and managed the land of this case under the name of the victim’s name.

A. On October 29, 2008, Defendant A received KRW 126,40,000, out of the above confinement compensation of KRW 126,498,660, which was paid by the Defendant at the office of the Defendant’s head on October 29, 2008, and KRW 125,034,656, excluding KRW 1,365,344, and KRW 109,950,000,000 around January 19, 2009, and embezzled the remainder of KRW 15,084,656, which was arbitrarily used for the Defendant’s personal debt repayment, etc. around that time.

B. On October 28, 2008, the Defendant returned KRW 112,588,514, excluding KRW 13,910,506, from among the transfer income tax of KRW 126,498,660, which was received under the name of the Defendant’s mother at the Defendant’s home located in Yangju-si, the Defendant: (a) returned to the Defendant clan on March 3, 2009 and embezzled KRW 2,58,154, which was arbitrarily used for the Defendant’s personal debt repayment, etc. around that time.

(c)

Defendant

C On October 28, 2008, the Defendant embezzled KRW 113,304,381 out of the total amount of KRW 126,498,660, excluding KRW 13,194,279, and KRW 110,300,00,000 among the total amount of KRW 110,30,000,000 for the victim’s clan, which he received in the name of the Defendant at K and the Defendant’s house at K and 301, and embezzled the remainder of KRW 3,304,381 for the Defendant’s personal debt repayment, etc.

2. Determination

A. The relevant legal principles 1) in criminal trials.

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