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(영문) 의정부지방법원 2014.08.28 2013고정267
횡령
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, who shared shares with the victim C, sold the D Forest land in Ulsan-gun, Inc., Ltd., to the traffic direction, and agreed to purchase the F Forest land in Ulsan-gun, Ulsan-gun, Inc., the purchase price of which is the purchase price.

On June 29, 2005, the Defendant sold the above D Forest to the Alternative Traffic Co., Ltd. for KRW 95 million, and received a total of KRW 95 million for the purchase price. On June 29, 2005, the Defendant decided to purchase the G Forest owned by E in the joint name of the victim and the Defendant in the name of the victim and the Defendant for the purchase price of KRW 95 million, and paid KRW 20 million for the intermediate payment as the down payment, around August 22, 2008. However, the Defendant transferred the ownership under the name of the Defendant and the victim without paying the remainder of KRW 25 million for the personal use of the Defendant.

As a result, the Defendant embezzled 12.5 million won, which is the victim's 1/2 equity interest, out of the remainder of 25 million won.

2. The facts charged in the instant case are crimes falling under Article 355(1) of the Criminal Act, which are applicable mutatis mutandis under Article 361 of the Criminal Act, and where a relationship between the victim and the offender exists under Article 328(2) of the Criminal Act, it constitutes an offense subject to victim’s complaint which may be punished only upon the victim’s complaint. According to the witness C’s legal statement, etc., the Defendant and the victim C may

However, on August 12, 2014, the victim C testified that the defendant does not want punishment. Accordingly, it is reasonable to see that the victim cancels the complaint against the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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