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(영문) 수원지방법원 평택지원 2014.05.21 2012고합2
횡령등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

A. From June 28, 2009 and around February 1, 2010, the victim D (hereinafter “victim D”)’s clan members were divided into KRW 2,887 square meters of E forest, F forest, and KRW 2,863 square meters of forest, and KRW 9,408 square meters of G forest into KRW 9,733 square meters of E forest, and KRW 3,052 square meters of forest, KRW 2,863 square meters of forest, ② F forest, and KRW 190 square meters of forest, and KRW 3,863 square meters of forest, and KRW 3,863 square meters of forest, KRW 2,863 square meters of forest, and KRW 3,628 square meters of forest, and ④ the said forest was divided into KRW 2,887,975 square meters of forest and forest, May 4, 2010.

The subject of the sales contract with H, etc. was about the part (5,940 square meters) of the part (2/3 shares) registered as the victim’s clan from the forest land before the said division, but was divided as above before completing the registration of ownership transfer to H, etc. according to the agreement at the time of the sales contract.

In this decision, the prosecutor will also indicate the number after the division as stated in the indictment. A decision was made to sell to H, I, J and K at KRW 898,000,000,000, and the defendant was given the right to receive the above purchase price.

Accordingly, the Defendant, on September 10, 200, remitted the down payment of KRW 180 million to the Defendant’s financial institution account on or around September 10, 2009. On or around February 12, 2010, the Defendant received some remainder of KRW 698 million from the Defendant’s financial institution account, and received the remainder of KRW 250 million from February 25, 2010 to the Defendant’s financial institution account, and embezzled the remainder of KRW 248,50,000,000,000 from the purchase cost of the said forest as well as public charges, using the remainder of KRW 248,000,000,000,000 for the purpose of the Defendant’s clan at his own expense, and embezzled it for personal use, such as the Defendant’s repayment of debt.

B. On May 14, 2010, the Defendant consented to 2,958/3,628 shares, which are the ownership of the victim’s clan, among the 653 square meters of a forest N. N. N. N. that was managed by the Defendant on his/her behalf, in the M. M. M. M. M.’s office located in Masung-si L.

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