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(영문) 의정부지방법원 2015.11.13 2013고단1518
횡령
Text

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

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

The Defendant: (a) was the heir of F, a title trust with the value of 2,033 square meters (hereinafter “the above land”) in Namyang-si, Namyang-si, the victim’s joint title trust with the victim D’s 45 large damages under the title trust; (b) was transferred to the Plaintiff on January 26, 198 upon the death of the said H; (c) was entrusted with 1/4 shares of the above land on January 26, 198; and (d) subsequently, upon the delegation of the victim’s right to sell and sell the above land, the Defendant entered into a sales contract with G, K (A’s inheritance), and L (J’s inheritance) for KRW 1230 million on February 6, 2012 with the victim’s property trust with KRW 30,000,000,000,000,000 won, and refused to return the remaining part of the purchase price to the purchaser for 2.371,281,7281,2

Summary of Evidence

1. The prosecutor's statement to K;

1. Certificates of N,O, P, Q and R respectively;

1. A copy of a real estate sales contract (E);

1. A deposit certificate (Buyer Defendant);

1. Full certificate of the registered matters (E, T, U);

1. Minutes and the list of real estate properties, and the bylaws (No. 59);

1. According to the evidence above, the Supreme Court Decision 2014Da87618, 2014Da87625 decided July 23, 2015 and the Seoul High Court Decision 2013Na6976, 2013Na69783 decided November 27, 2014, the above discussion of this case is recognized to be reverted to the status of the title truster in this case to the victim, including the defendant's parents, after acquiring ownership, by X, who was living in the family village in W, was trusted to the members including the defendant's parents.

Do. Do.

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