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(영문) 서울동부지방법원 2014.05.14 2013고단1266
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

After the inheritance commenced on July 4, 201 after the death of F on July 4, 2011, the Defendant filed a claim for the division of inherited property with the Seoul Family Court against F’s wife G, G, and H, who possessed the inherited property as another heir, and on June 7, 2012, the Defendant filed a claim for the division of inherited property with the Seoul Family Court for “the Defendant is to receive KRW 370 million from G as his representative,” and “the Defendant is to receive KRW 370 million from G as his representative.”

Around September 6, 2012, the Defendant, C, the victim D, and E agreed that the Defendant would have KRW 125 million (including all of the litigation costs) out of the above amount of KRW 370 million of the inherited property division amounting to KRW 370 million, C would have KRW 48 million, KRW 120 million, and KRW 77 million, respectively.

On October 2012, the Defendant received KRW 200 million from G and divided the Defendant into KRW 70 million, KRW 30 million, KRW 30 million, KRW D 70 million, and KRW 30 million.

Therefore, from among the remainder of the inherited property division amounting to KRW 170 million that the Defendant received from G, KRW 65 million was the Defendant’s share, KRW 18 million, and KRW 50 million was the victim E’s share, KRW 47 million, and KRW 47 million.

On November 30, 2012, the Defendant, at the J attorney-at-law office in Songpa-gu Seoul, reduced the balance of inherited property division to be paid by G to KRW 143 million in accordance with the Defendant’s mind, and received KRW 143 million from G and stored for the victims, etc., the Defendant, from the beginning of December 2012, requested the victims to return KRW 50 million in the victim’s inherited property division amount to KRW 57 million in the victim’s inherited property division amount, and KRW 47 million in the victim’s inherited property division amount to KRW 57 million in several times on February 13, 2013.

Summary of Evidence

1. C’s legal statement;

1. 3 times;

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