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(영문) 대구지방법원 2019.07.17 2018고단5794
횡령
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

[Defendant B] The defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2014, Defendant A sentenced Defendant A to one year and six months of imprisonment for fraud aiding and abetting, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention House on January 23, 2016.

Defendant

C On September 24, 2014, the Daegu District Court sentenced one year to imprisonment with prison labor for a crime of false accusation, etc., and completed the enforcement of the sentence in the port prison on June 25, 2015.

【Criminal Facts】

1. Violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name - Defendant B or C may not register any real right to real estate in the name of the title trustee pursuant to the title trust agreement;

Defendant

C was awarded a successful bid of 1230 square meters of the Daegu Northern-gu D Forest and another land category increase through a land category change, and then planned to sell it and make profits therefrom, and it is difficult for himself to obtain a loan as security even after receiving a successful bid for the said forest and land. On November 2017, he/she concluded a title trust agreement with Defendant B and the said forest and land to be awarded a successful bid in Defendant B and completed a registration of transfer of ownership.

On December 27, 2017, Defendant C, the title truster of the above title trust agreement, completed the registration of ownership transfer for the sale of the said forest under the name of Defendant B, the title trustee, in accordance with the above title trust agreement, at the registry office of the Daegu District Court located in Daegu-gu, Daegu-gu, Daegu-gu. 364.

Accordingly, the Defendants registered the real right to the said real estate in the name of the title trustee under the title trust agreement.

2. Embezzlement - Defendant B and the Defendants collected the money deposited in the said account prior to the transfer to another place, with the knowledge that the victim borrowed money from the said account after opening a bank account (Account Number:F) in the name of the Defendant B at the request of the victim C.

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