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(영문) 서울남부지방법원 2015.11.26 2015고단320
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant, as the victim D, victim E and Dong businesses, purchased the Mapo-gu Seoul Mapo-gu H land (hereinafter “instant land”) and its ground-free buildings (hereinafter “instant unauthorized buildings”) located within the housing redevelopment and improvement project zone implemented by the F Housing Redevelopment and Development Project Association, and divided the resale profits.

On August 14, 2007, the Defendant and the victims purchased the instant land and the building without permission from G with the purchase price of KRW 270 million (However, the lease deposit for the instant unauthorized building shall be deducted from the remainder), and the remainder of KRW 210 million, excluding the lease deposit for the instant unauthorized building from the remainder of KRW 59 million, the victims paid KRW 70 million each, and the Defendant paid KRW 71 million to G with respect to the instant land according to the agreement between the Defendant and the victims. On October 2, 2007, the ownership transfer registration (one-half shares each) was completed in the name of Dong I of the victim E and her husband's husband and the Defendant's J on October 2, 207, the said building without permission was registered in the building ledger at that time.

After that, the F Housing Redevelopment and Improvement Project Association established a management and disposal plan including the contents that the above I and J are the joint buyers of multi-family housing scheduled to newly build the housing redevelopment project, and authorized by the competent Gu office, but the defendant was registered as the sole owners of the building without permission of this case on the ledger of unauthorized Buildings and won the administrative litigation seeking the modification of the above management and disposal plan on the ground that the above J was registered as the sole owners of the building without permission of this case.

2. The Defendant, as seen earlier, was in custody of 1/2 shares in the instant land for victims under the said contract, around March 20, 2012.

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