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(영문) 창원지방법원 밀양지원 2018.03.22 2016고단591
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a member of the victim B's clan, kept C with D, E, and F, a member of the same clan, which is owned by the said clan, for the said clan, without going through procedures, such as the general meeting of clans concerning the disposition of the clan property, and sold the said land to G without going through the procedures, such as the general meeting of clans.

On December 20, 2013, the Defendant sold the Defendant’s share in KRW 23.8 million to G, and completed the registration of transfer of shares in the name of G at the Gyang registry located in the same region on December 26, 2013. On July 21, 2014, the Defendant introduced G to F on July 21, 2014, thereby allowing F to sell the F’s share in KRW 23 million, and completed the registration of transfer in the name of G at the aforesaid G Yangyangyang registry around July 23, 2014.

Accordingly, the Defendant, by arbitrarily disposing of the Defendant’s share equivalent to KRW 23,80,000,000 of the market value of the above victim’s ownership, embezzled the Defendant’s share, and in collusion with F, embezzled F’s share equivalent to KRW 23,00,000,00 in the market value of

Summary of Evidence

1. Each legal statement of the witness H, D, and E;

1. Some statements made to the defendant in the protocol of interrogation of the suspect against the defendant;

1. Statement made by the police for E;

1. Land register;

1. A certificate of all matters to be registered;

1. Minutes of the minutes of the Class B extraordinary general meeting;

1. Current status of holding of each region and several times;

1. Four copies, etc. of a real estate transaction contract;

1. A copy of bankbook;

1. Each investigation report (No. 19,21,24,25) (Evidence List No. 19,24,25) / The defense counsel of the defendant is the first ownership of the real estate recorded in the judgment (hereinafter “the real estate of this case”) in the victim’s lawsuit, and the defendant disposes of his/her shares to manage the clan property as his/her descendants, and thus does not constitute embezzlement.

The argument is asserted.

In other words, the following circumstances revealed by each of the above evidence, i.e., ① the victim was a member of the court, I, and K, and the member of the clan was a member of the victim's clan, ② the real estate of this case on March 5, 1912.

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