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(영문) 서울남부지방법원 2019.08.16 2019고단1528
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is the children of the deceased C, who was a member of the victim's clan B (hereinafter referred to as "victim's clan").

The victims of the clan, ① around 1964, the indictment was written as K, but corrected as a clerical error in D, although it was written as D.

After being found to be about 540 square meters, E. E. 9 square meters, F. F. 36 square meters (hereinafter “G land”), on October 27, 1964, the registration of preservation of ownership was made under the title of the Dong H, Dong I, J, and Dong C, each of which was held in the name of the family, and the registration of preservation of ownership was completed under the title of 1/4 in each of them. ② On around 1964, the registration of preservation was completed in the name of H and three other names, which are the family ground for the clan, under the title of the Dongjin-si, L. 198 square meters (hereinafter “G forest”), and the registration of preservation of ownership was completed on December 20, 197 under the title of the Dong, Dong M and Dong, and completed the registration of ownership transfer under each of these names, ③ the registration of ownership transfer was completed under the title of 1/30,347 square meters, each of the instant forest and forest land and each of which was received under the title trust of 131,

Since then, on January 17, 2013, the victims of the instant clan filed a lawsuit seeking the registration of ownership transfer against the title trustee and his/her heir, including the Defendant, for the revocation of the title trust with respect to the instant real estate by the Daejeon District Court Decision 2012Gahap357, which became final and conclusive.

The Defendant served a certified copy of the above judgment on November 3, 2015, and explained that the victim clan opened an extraordinary general meeting on July 2, 2016 and entrusted the instant real estate to the clan members, including the Defendant, in the name of the victim clans or the members of the clans. Thus, the Defendant knows that the Defendant was in the status of keeping the deceased’s share in the name of the deceased C among the instant real estate for the sake of the victim clans.

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