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(영문) 서울북부지방법원 2014.09.17 2013고단2931
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Attachment] D clans are divided into E, F, and G three members, and H clans (140 members of the G clans are composed of 140 members of the H clans, and H clans and the president do not have any separate provisions, and they manage H property issues, etc. at the G clans general meeting, etc.).

As a member of the E, the Defendant is a person who has been engaged in general business of the financial affairs of the D clan from around 2002 to January 201, 20, while working as the vice-chairperson of the D clan.

On October 22, 1947, 10 members of H among the clans were registered and recorded on the public record on the land of H 1856 square meters in Jung-gu, Seoul (hereinafter “I”), which is used as the tombstones of H clans (hereinafter “the land of this case”), but the above cadastral record and the registry were destroyed due to the incident of 6.25 square meters.

H On May 27, 1992, a clan was awarded a favorable judgment by filing a lawsuit to confirm that the land I was owned by ten members of the above clan in the branch court of the Seoul District Court.

However, since the ten co-inheritorss of the above 10 co-owners were in North Korea during the incident of June 25, the registration of this case's land was not made.

In Seoul Special Metropolitan City, from around 2005, J Park development project was promoted on 32,00 square meters including I land, but G clans did not properly cope with this reason because the I land was not registered.

Accordingly, the defendant, on November 21, 2007, is a clerical error in the indictment on November 27, 2007, for the following reasons: (a) the above 10 successors were urged to be represented by a power of attorney; and (b) the registration and compensation-related trials, etc. were conducted after obtaining the certificate of personal seal impression from H closingwons; and (c) the defendant received compensation.

The account number V of the bill of indictment in the one bank account (Account Number L) in the name of K, the chairperson of the victim D clan, is a clerical error;

On or around December 21, 2007, each one bank account with six total number of victims M, N,O, P, Q, and R, each one bank account with two victims S and M on or around December 26, 2007, each one bank account with the victim S and M on or around January 4, 2008, and one bank account with the victim T in the name of the victim on or around January 23, 2008.

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