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(영문) 창원지방법원 2018.07.18 2017고단3131
횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On July 5, 201, the Defendant, etc.: (a) purchased the land of this case (hereinafter “instant land”) from E in the amount of KRW 730 million; and (b) purchased the land of this case from E in the amount of KRW 730 million.

Accordingly, the Defendant filed a lawsuit seeking the return of the ownership of real estate shares equivalent to the investment share as the Defendant, namely, KRW 130 million, KRW 30 million, KRW 150 million, KRW 150 million, KRW 150 million, KRW 150 million, KRW 100 million, and KRW 120 million, and KRW 120 million, and the J purchased the instant land and proceeds in the penting project, while the Defendant managed the investment share, it was difficult to proceed with the penting project due to the access problem. On April 10, 2014, the Defendant filed a lawsuit seeking the return of the ownership of real estate shares equivalent to the investment share as the conjunctive investment share, namely, KRW 200,000, KRW 1500,000, KRW 1500,000, KRW 1200,000.

On March 5, 2015, the Defendant appeared and testified at the court of first instance as a witness of the court of the same civil procedure at the 681 Changwon District Court No. 213, Changwon District Court No. 213 on March 5, 2015, the Defendant asked the Defendant about whether the Plaintiff’s agent delivered the purchase price of the land of this case to E and gave an oath. On August 201, 201, the Defendant asked the Defendant as to whether the remainder of KRW 240 million out of the purchase price of the land of this case KRW 730,000 to KRW 1450,000,000 from time to time and KRW 130,000,000,000 to time, and the amount was transferred to E.

The amount invested by Title A is KRW 130 million, and the remaining amount is known to E in cash, which will result in cash on the Balance Day, and 490 million won, and the remainder will result in the payment in cash.

“The testimony was made.”

However, in fact, the Defendant made a false statement contrary to memory, even though he did not deliver 240 million won in cash, including 130 million won in his money, but did not deliver 20 million won in cash to E.

2. The Defendant is at the place on January 24, 2013.

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