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(영문) 부산지방법원 2016.02.17 2016고정94
횡령
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On December 30, 2009, the Defendant completed the registration of the transfer of ownership under the name of the Defendant with the trust of the land C, D, and E, the victim-owned from the victim B.

On October 13, 201, while the Defendant kept the above land on behalf of the victim, he/she embezzled the above land by obtaining a loan from an agricultural cooperative established in Pyeongtaek 652-3 in Chonam-gun, Yangyang-gun, and then making a registration of the establishment of a right to collateral security with a maximum amount of 26 million won on the above land.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes governing registration;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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