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(영문) 의정부지방법원 2016.02.15 2015고단527
횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2015 Highest 527]

1. The Defendant stated “M” in the written application for changes in indictment made on November 18, 2015 of the Victim F M M M M G, but this appears to be a clerical error in “G” and thus ex officio correct it.

The same shall apply to the corresponding part of the facts constituting a crime in the case 1137 high group.

11. Bad debt is a major source in the opposite species.

On May 28, 2008, the Defendant completed the registration of ownership transfer with respect to each of the above real estate shares in the name of a clan in cooperation with the Plaintiff, which was registered in the name of H32,231 square meters in Pyeongtaek-gun, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-si, Dong-si, Dong-si, Dong-gu, Dong-si, 32,231 square meters, 549 square meters prior to J, 49 square meters, 860 square meters prior to J, K-si, 860 square meters, L-si, 2,489 square meters, 1,78 square meters in O-si, 1,481 square meters prior to P, P, 2,327 square meters, Q, 3468 square meters prior to R, 208, 200 square meters, and completed the registration of ownership transfer with respect to the above real estate shares under trust title 37537.

A. While the Defendant kept each of the above land on behalf of the victim, on December 27, 2012, the Defendant: (a) borrowed KRW 60 million from V from V to the Defendant’s share in the attached Table 1; and (b) embezzled the said V with the maximum amount of the claim as KRW 90 million to the Defendant’s share in the attached Table 1.

B. Around January 7, 2013, the Defendant: (a) kept each of the above land on behalf of the victim; (b) borrowed KRW 40 million from W from the Defendant and the private relative X; and (c) embezzled the Defendant’s share in the attached Table 2, with the maximum amount of the claim as KRW 60 million, by setting up a collateral security for the Defendant’s share in the attached Table 2.

(c)

Y The Defendant established a right to collateral security in the name of the Defendant with respect to the portion of the Defendant’s share in the attached Form 1, after borrowing KRW 45 million from the Y from the Y registry around March 4, 2013 while having kept each of the above land for the victim.

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