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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. As to embezzlement, Defendant A1’s misunderstanding of facts and misunderstanding of legal principles, the Defendant maintained a de facto marital relationship with the victim, operated a carpet, tea, inn, etc., and paid the construction cost of H2 and M2. The Defendant paid taxes, public charges, and interest on loans from money and financial institutions. The Defendant occupied and used each of the above 2sel buildings while operating a inn and entertainment drinking house business in the above 200s building, and has documentary evidence of legal relationship, such as a registration certificate. The 1/2 shares of H2s of H2 and M2s of H2 and H2 buildings are all acquired by Defendant A. Even if not, in order to enable the Defendant who has maintained a de facto marital relationship with the victim for a long time to prepare for the difference or association with the victim, the above owner of the building was a donation made in the name of the victim in the future of the above building, and the Defendant did not have the status of keeping the above 2s in custody for the victim.
B. Regarding the evasion of compulsory execution, the Gwangju District Court 2008Gahap1998 rendered a ruling ordering the Defendant to pay unjust enrichment to the victim on the ground that the Defendant occupied and used the site of Mururher as one-half right holder of Murher as the victim, on the ground that the Defendant occupied and used the site of the Murheras, but in the second instance of the above case, Murel building was sentenced to the sole ownership of the victim, and there is no claim for the return of unjust enrichment equivalent to the user fee of the site against the victim. Thus, the crime of evasion of compulsory execution is not established.
Even if not, the Defendant has sufficient financial ability to execute the above claim.