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(영문) 대전지방법원 천안지원 2018.07.13 2018고단505
횡령
Text

A defendant shall be punished by imprisonment with prison labor 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

The defendant is a member of the victim C clan (hereinafter referred to as "victim C clan").

The defendant received 1/5 shares in the Chungcheong Budget Group E, F, G, H, I, J, K, or L (Death on December 20, 1986) in trust with the defendant's family member D, and managed for the victim's clan by inheritance (Death on December 20, 1986).

1. Around December 15, 2011, the Defendant received 11,909,500 won from M&A to the Agricultural Cooperative account under the name of the Defendant and used 1,909,500 won for personal purposes, such as living expenses, etc. around that time, and embezzled the victim’s clan property by failing to comply with the request for the return of the victim’s clan without justifiable grounds.

2. Around September 20, 2012, the Defendant received 16,588,660 won of the compensation for the land paid to the Defendant for the acceptance of 1/5 shares of the said LM from M Co., Ltd. from the Defendant, and transferred it to the agricultural bank account under the name of the Defendant, and used it arbitrarily for personal purposes, such as living expenses, etc. around that time, and embezzled the victim’s clan property by failing to comply with the request for return of the victim’s clan without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the N;

1. Investigation report (Attachment of a written decision not to prosecute the relevant case);

1. A criminal investigation report (Submission of data related to a clan);

1. Investigation report (Adjustment of the details of payment of land and compensation to a clan under its name);

1. A criminal investigation report (Submission of details of transaction of passbook A related to the suspect A);

1. Judgment on the civil division in support of redness (2012 Gohap 928);

1. Judgment of the Daejeon High Court in civil affairs (2014Na 91);

1. Certification personnel of the Supreme Court (2015Da 35621);

1. A copy of a decision not to prosecute;

1. A registration number registration certificate;

1. C by-laws of the relatives association;

1. Real estate owned by Category C:

1. A tax payment receipt;

1. The purchase and sale place;

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