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(영문) 서울북부지방법원 2011.06.17 2010고합164
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

The Defendant: (a) between December 6, 1985 and December 3, 1986, the husband, and the actual Defendant: (b) 12,677 square meters of land inherited from D on four occasions from the victim E in total, including the Gyeonggi-gun F. 2,503 square meters owned by the Defendant; (c) 10,501 square meters of land (18 square meters of land, such as Gyeonggi-gu G field 1,081 square meters, and (d) 10,501 square meters of land, such as the written indictment, as the victim entered in the indictment; and (d) as seen thereafter, on 8 January 2003, 200, the victim registered the ownership of each of the instant land with D on a title trust of 394 square meters of land and 360 square meters of land prior to I, who is the husband of J on 1986, and thus excluded from the title trust of 364 square meters of land from the title trust of 207, 250 square meters of land.

However, except where it is necessary to separately mention the land that the victim held in title trust to D and the land actually inherited from D, all of the “each of the instant lands” is called “each of the instant lands.”

(2) In the case of each of the instant lands, each of the instant lands was kept for the title trustor by succeeding to the status of the title trustee upon the death of D on July 5, 2009, and it was well known that each of the instant lands was kept for the victim who is the title trustor by acquiring title trust under a title trust (hereinafter “each of the instant lands”) and by completing the registration of transfer of ownership in the name of D, and then succeeding to the status of the title trustee upon the death of D on July 5, 2009. On July 22, 2009, the sales amount corresponding to the instant 7 lots of land, including Gyeonggi-si G, Q, R, S, T, U, and V, shall be calculated from the sales amount equivalent to approximately KRW 1.1 billion, and KRW 3 billion under the sales contract concluded between D and the Defendant, J, and L.

The correct amount is KRW 1,169,213,00.

(2) On August 14, 2009, the Suwon District Court arbitrarily sold 17 17 m203 m203 m203 m27 m27, including this, to J and L for KRW 3 billion, and on August 14, 2009.

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