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(영문) 의정부지방법원 고양지원 2017.09.20 2017고단843
횡령등
Text

Defendant

A Imprisonment of 10 months, Defendant B and C shall be punished by imprisonment of 6 months, and Defendant D by imprisonment of 4 months.

(b).

Reasons

Punishment of the crime

1. The Defendants’ joint crime: (a) around July 14, 1973, the residents in the Seo-gu, Seo-gu, Busan, Seo-gu, Seoyang-gu, Busan, established a senior citizen center after completing the registration of ownership transfer in the name of M et al. and ten (10) residents, a resident, by purchasing the land of “Seoul-gu, Seo-gu, Seo-gu, Seoyang-gu, Busan (hereinafter “instant land”); and (b) the senior citizens living in H established a non-corporate association under the name of “the senior citizens’ association of the Korean Senior Citizens’ Association” (hereinafter “the senior citizens’ association of this case”).

On the other hand, although only written “Defendant” in the corresponding part of Defendant A’s indictment, it is obvious that Defendant A is a clerical error of “Defendant A”, it shall be corrected ex officio.

(1) From around 2012, Defendant C, and Defendant B conspiredd to sell the land after having completed the ownership transfer registration in the name of Ma and 10 persons other than M around 1973, taking advantage of the circumstance where the ownership of the instant land is unclear, the registered persons actually die and the ownership of the instant land was registered in the name of Ma and 10 persons.

Accordingly, the Defendants filed a civil lawsuit on April 13, 2010, and rendered a judgment that the Defendant acquired ownership on the instant land on the ground of the completion of the statute of limitations (the completion of the statute of limitations on July 14, 1993) with respect to the acquisition of the instant land by the senior citizens’ organization on December 19, 2013. On August 22, 2014, the Defendants registered the transfer of ownership in the name of the “H Senior Citizens Association”.

Although Defendant A’s bill of indictment contains “ Q”, it is obvious that it is a clerical error in “A”, and thus, it shall be corrected ex officio.

The Company entered into a contract for selling the instant land to P in 180,000,000 at the O office located in N on December 9, 2015, according to the above public offering, and completed the registration of transfer of ownership to P on the 21st of the same month.

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