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(영문) 서울동부지방법원 2012.02.10 2011고합246
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

[Criminal Justice] On January 28, 2010, the Defendant was sentenced to two years of suspended sentence to one year of imprisonment with prison labor for a false accusation, etc. at the Jung-gu District Court on January 28, 2010, and two years of suspended sentence to eight months of imprisonment with prison labor at the Seoul Eastern District Court on January 7, 2010, and each of the above judgments became final and conclusive on March 10, 201.

[Attachment] Around October 25, 2002, the victim D and E agreed to jointly operate the above Moel (hereinafter “Helel”) with one-half share of each ownership after jointly purchasing from G 2,450,000,000,000 won of the purchase price of the F land in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) and jointly managing the said Moel (hereinafter “the instant real estate”). On the other hand, the Defendant D and E agreed to jointly title trust the entire instant real estate with E, and concluded a sales contract with G and the instant real estate.

Under the above agreement, the victim and E completed the registration of ownership transfer for the instant real estate under the name of I on January 27, 2003. On the same day, the National Agricultural Cooperative Federation established the right to collateral security amounting to KRW 2.12 billion with respect to the instant real estate and paid the remainder to G by borrowing KRW 1.63 billion to the seller.

Meanwhile, from January 15, 2003 to July 18, 2003, the victim paid KRW 49.4 billion to E several times for the payment of the purchase price according to the sales contract with G, and on August 18, 2003, the victim completed the registration of the establishment of a neighboring mortgage with the amount of KRW 1.2 billion for securing one-half shares of the instant real estate.

Therefore, the victim succeeded to the amount of KRW 815 billion, which is a half of the loans that were paid to the remainder of the above purchase price of KRW 2.45 million, and paid KRW 494 million out of the purchase price, and completed all the payment of the purchase price corresponding to the amount of KRW 1/2 of the victim’s share in the instant real estate.

The defendant around August 27, 2003 is a real estate brokerage located in the Dong-gu Seoul Metropolitan Government.

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