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(영문) 서울북부지방법원 2014.09.05 2013고합258
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2007, the Defendant purchased four parcels of land in Gwangju City F, G, H, and I (hereinafter “this land”, hereinafter “the instant land”) with the victim D and E, and concluded a sales contract with the owner of the instant land at KRW 138 million, and combined them with six units of land in six units, to establish three units of land. The remaining three units of land shall be sold and appropriated for construction expenses, etc., and on May 16, 2007, with the owner of the instant land at KRW 936 million. On the same day, the Defendant provided a sales contract with the owner of the instant land at KRW 138 million for the purchase price with the owner of the instant land at KRW 10,000,000,000,000 for KRW 1,74,000,000,000,000,000 won for the total purchase price, and provided each part of the land as security and bear the remainder of KRW 1,340,00,00,00.

Defendant

In the above circumstances, the victims purchased the F, G, H, and I land, but without completing the registration of ownership transfer in the name of the defendant and victims, they completed the registration of ownership transfer after they were merged and divided into the following land: F, G, L, M, N,O, P, Q, Q, R, T, U, V, W, X, Y, I, and Z land:

In other words, the land of this case was transferred 56 square meters to the land of this case due to the division on January 30, 2008, and 98 square meters due to the division on June 26, 2008, and 1228 square meters due to the transfer to the land of this case, and on August 22, 2008, the transfer registration of ownership in the victim D was made on August 30, 2008. The land of this case was transferred 138 square meters due to the division on January 30, 208, and 152 square meters due to the division on August 28, 2009, the transfer registration of ownership in the name of AA, the Defendant's living together, was made on September 30, 2009, and the land of this case was transferred from this case to the land of this case on September 30, 2009 due to the division on January 30, 2008.

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