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(영문) 대구지방법원 2016.07.21 2016고단1732
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

On May 2, 1979, the defendant was transferred to the defendant's name in accordance with the Act on Special Measures for the Transfer of Real Estate Ownership by the mother K around May 2, 1979, while the above real estate was owned by the victim's clan, and the defendant was in possession of the same real estate for the purpose of the clan as the victim's husband of the victim's wife E (the father of the defendant), the 20,676 forest land in the Gyeong-gun, the Gyeongbuk-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Ha-gun, the Ha-gun, the Ha-gun, the Ha-gun, the Ha-gun's name was in possession of the victim's clan and the defendant was in possession of the above real estate for the purpose of the clan as the trustee of the victim's clan.

On August 20, 2015, the Defendant entered into a real estate sales contract with the victim of a family on or around September 4, 2015 with respect to his/her trade name in the office of a certified judicial scrivener located in the Gu-U.S., and entered into a real estate sales contract with the victim of a family located in the Si-S., with respect to his/her friendly energy, L, and forests and fields located in the Si-S., the Defendant embezzled the said real estate by completing the registration of ownership transfer on or around September 4, 2015, and embezzled the said real estate by making a real estate sales contract with L and the return of the purchase price of KRW 90 million for L and the return of the purchase price of KRW 1,00,000,000 from L, while taking the delivery of the purchase price of KRW 90,00,00 from L and the custody of

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against M, N, orO;

1. Each statement of M and P;

1. Complaints, intelligence of great merit, agreements among literature, minutes, and all certificates to be registered;

1. The application of Acts and subordinate statutes to each investigation report (the attachment of photographs and land registers, excluding the attachment for photographing photographs and seals among the minutes, and all of the minutes excluding the seals affixed thereto);

1. Relevant Article 355 of the Criminal Act and Article 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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