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(영문) 청주지방법원 충주지원 2016.05.20 2015고단610
횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant and the victim C et al., who embezzled money related to B’s land loan and purchased 4 lots of land, E et al. (hereinafter “B land”) at the Chungcheong City, Chungcheongnam-si, and succeeded to the right to collateral security and loan already established on this land, and the relevant loan agreed to pay for each party according to the share among the joint buyers.

Accordingly, the defendant, etc. purchased the above B land from D on July 16, 2012, and registered the transfer of ownership in the name of the defendant on the 17th of the same month, and the debtor who had already been established on the B land was D, and registered the transfer of ownership on the 17th of the same month, the defendant, etc. succeeded to the right to collateral security of KRW 154 million for the maximum amount of claims to be the Cultural Saemaul Community Credit Cooperatives.

After that, on June 18, 2014, the Defendant: (a) requested that the damaged person pay off the share of the above loan to the Saemaul Bank; and (b) transferred 2,535,000 won to the Defendant’s account from the Agricultural Cooperative account of the victimized person to the Defendant’s account; and (c) embezzled the above money from the Dan-si Won around that time by using it as a share investment, etc.

2. The Defendant and the victim C et al. embezzled money related to F land lending together with two lots (hereinafter “F land”), such as G and H, Chungcheong City I, each owned by G and H (hereinafter “F land”); but, upon cancelling the right to collateral security already established on this land and receiving a new loan, the said loan agreed to pay each other according to the share of the joint purchaser.

Accordingly, the defendant et al. purchased the above F land from G and H on July 5, 2012, and completed the registration of transfer of ownership on the above F land on the 18th of the same month under the J's name, and the debtor set up on the above F F land as H, the debtor who was a new mortgagee, cancelled the right to collateral security at the maximum amount of 15 million won against the above F land to be a new agricultural cooperative, and then the debtor J as to the above F land.

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