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(영문) 전주지방법원 군산지원 2017.01.06 2016고정403
업무상횡령
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is the representative of the Victim C clan from 2009 to December 2, 2012, who has managed the overall duties of the clans, including the management of the clans, the convening of extraordinary general meetings, the execution of expenses of the clans, and the management of accounts.

The defendant knew that the members of the clan did not use any particular path concerning the real estate in the name of the clan, concluded a sales contract with the buyers, and had not passed a resolution of the clan but failed to sell the real estate by forging minutes of the clan representatives to the court and embezzlement the proceeds therefrom.

A. On April 26, 2009, the Defendant did not obtain a resolution of a clan on April 26, 2009 in the Dosan-si and the Defendant’s residence, and sold 1,243 square meters, F site 426 square meters, and G site 96 square meters to H, and received payment of 2,1450,000 won for the victim, and used 1.1 million won for personal purposes around that time.

B. On May 13, 2009, the Defendant did not undergo a resolution of a clan around May 13, 2009 at the place indicated in the above paragraph (1) above, and used all KRW 25 million to the clan account for personal purposes around that time, while selling the 1091 square meters of forest land in Gun, Gun, Si, Gun, Gun, which is real estate owned by the clan, and the 797 square meters before the J, to K which is a clan, and receiving KRW 25 million for the victims.

Accordingly, the defendant embezzled the victim's property.

2. In full view of the following circumstances, the evidence submitted by the prosecutor alone cannot be found guilty of the facts charged in the instant case that the Defendant embezzled KRW 1.1 million and KRW 25 million received from H with the purchase price of a clan’s land for personal purposes.

(1) At the time of the incident, the memory of witnesses or relevant persons shall be accurate more than seven years.

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