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(영문) 청주지방법원 2015.06.26 2014고단1355
횡령
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 20, 1971, the Defendant, as a member of the Victim E clan, completed the registration of ownership transfer from the said five persons, respectively, with the title trust, under the name of J, K, L, M and Defendant 5, and the title trust of the said five persons including the Defendant, respectively, with the size of 23,330 square meters (at the beginning of 37,375 square meters, but the size of 8,97 square meters among them on July 6, 2007, was divided into G; 5,048 square meters into H; and 702 square meters prior to I.

Since June 13, 1988, the right to claim the transfer of ownership based on the reservation was registered in the name of the injured clan with respect to the F 23,330 square meters and 702 square meters prior to I.D. (hereinafter “the above real estate”).

As above, while the Defendant kept one-five equity shares among the above real estate for the victim's clans, at the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the director of the board of directors in charge of the company of dispute settlement, one-five equity shares among the above real estate shall be sold to the representative amount of KRW 430 million at his own discretion, and around December 9, 2013, with respect to the F. 23,330 square meters before the F. 70 square meters before the I.

Summary of Evidence

1. Legal statement of the witness L;

1. Statements made in part of the protocol of interrogation of the defendant by the prosecution against the defendant (a statement to the effect that the defendant sold shares in the name of the defendant as to the above real estate and there was no tax amount paid by the defendant

1. Examination protocol prepared by judicial police officers in relation to P;

1. Written Confirmations of R, K, L, and M

(Evidence List No. 4)

1. A written confirmation of the Defendant’s preparation of the certificate;

concurrently certificates of personal seal impression (Evidence Nos. 5), agreements on the use of clans

1. A criminal investigation report (report on confirmation of the details of registration of initial ownership) accompanied by documents; 1. A certified copy of the real estate registration, a certified copy of the real estate registration;

1. “Property Tax Payment Notice and Receipt” and Individual Land Price Notice and Notice

1. The family council;

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