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(영문) 대전지방법원 홍성지원 2016.02.04 2015고합107
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is the descendants of the victim E clan, and the defendant B is the chairperson of the above clan.

1. Defendant A, who was held around September 27, 2013, managed the land of a clan as a representative at the board of directors of the same clan held around September 27, 2013, and upon being entrusted with the right to trade the land of a clan around November 6 of the same year, Defendant A sold the land of a clan with the right to trade the land of a clan to use the purchase price individually.

On November 7, 2013, the Defendant: (a) sold the said farmland of the same clan to G in the amount of KRW 48 million, which is the owner of the said clan, in the amount of KRW 48 million; (b) received KRW 48 million from G in the name of the purchase price; and (c) kept the said clan for the said clan, the Defendant had arbitrarily consumed KRW 35 million in the non-permanent area of the first half of April 2014 for personal use from that time until October 5, 2014 from that time to that of the first half of October 2014; and (c) was omitted from that time, “the owner of the victim’s clan” described in the column of embezzlement method of embezzlement No. 5 of the attached Table No. 1696 square meters in the amount of KRW 1,696 square meters in the number of the members of the said clan.

The phrase “20 million won” in the column for embezzlement Nos. 5 appears to be a clerical error of “365 million won”, and the phrase “20 million won” in the column for embezzlement Nos. 6 is deemed to be a clerical error of “168.5 million won”.

The total amount of KRW 1,584,276,910 was consumed at will over eight times as described in the statement.

Accordingly, the Defendant embezzled the property owned by the victim.

2. On November 20, 2013, the Defendants: (a) sold 1525 square meters of H 1,525 square meters in Namyang-si, Namyang-si, in the amount of KRW 550 million; and (b) conspired Defendant A to use KRW 110 million in the amount of KRW 550 million in the custody of Defendant A received from Defendant A for the repayment of the obligations owed by Defendant B.

Defendant

A On March 24, 2014, at a non-displace, deliver KRW 110 million out of the above KRW 550 million to Defendant B, and Defendant B, at his own discretion, receive this from Defendant A, and at the same time, from the Geumsung-gun, the gold 255, in the gold-gun, Hongsung-gun, Hongsung-gun, the gold 255.

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