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(영문) 대전지방법원 홍성지원 2017.05.18 2016고합109
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

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

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

Reasons

Punishment of the crime

C is the descendants of the victim D clan, E is the chairperson of the above clan, and the defendant is the general duties of the above clan.

The Defendant, together with E, had C manage the land of the clan as the representative of the said clan meeting held on September 27, 2013, and had C sell and sell the land of the clan on November 6, 2013 and used the purchase price in installments.

C, around November 7, 2013, when selling the said farmland to G in the amount of KRW 48 million, which is the owner of the said clan, from the amount of KRW 48 million in the purchase price, and receiving KRW 48 million in the name of G and keeping the said farmland for the said clan from G around the first day of April 2014, C arbitrarily consumed KRW 35 million in the Buddhist land on April 2014 for personal use from that time until October 2014, every eight times in total, as shown in the list of crimes in the attached Table, from that time until that time until that time on the first day of October 2014.

Accordingly, the Defendant, in collusion with C, embezzled the property of KRW 1,584,276,910 owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A protocol concerning interrogation of suspects by the prosecution against C and E;

1. Application of all certificates of all matters to be registered (Evidence 2, 4, 20), land trade contracts (Evidence 3), passbooks (Evidence 33), investigation reports (Evidence 34), documents, etc. related to registration and trade of ownership transfer and transfer (Evidence 39), clans minutes (Evidence 42) of the general meeting of shareholders;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 355 (1) and Article 30 of the Criminal Act (including the case) for the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Judgment on the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)

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