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(영문) 서울남부지방법원 2016.09.21 2016고정344
횡령
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged

A. A. Around June 20, 1995, the premise facts entered into a contract with the victim E, F, G, and H to jointly purchase the said land with the victim E, E, G, and H on June 20, 1995. At the time, the victim and F entered into a trust agreement with the father-J of the Defendants, who had no farmland acquisition eligibility, to complete the registration of ownership transfer in the name of J. On January 10, 1996, the ownership of each 1/3 shares in the name of G, H, and J was completed with respect to the said land.

Since then on April 10, 1998, the above land is merged, and it seems that it is a clerical error in KR in the former North Korea-Sin-gun.

On June 27, 1998, when the J died, the registration of the transfer of ownership of each 1/6 shares was completed in the name of the Defendants on August 3, 1998 due to the division of consultation.

Around November 9, 1998, the said D 3,750 square meters was re-divided into D 926 square meters, L 1,005 square meters, M 1,919 square meters, and the victim, F, G, and H 926 square meters in common on November 14, 1998, with respect to the said D 926 square meters in common, G, and L 1,005 square meters in common, the victim and F were the victims and F, M 1,919 square meters in common, respectively. Accordingly, on November 16, 1998, the ownership of each of the said L 1,00 square meters in the name of the Defendants was completed.

F on December 30, 1999, the F shall terminate the trust in the name of 2/6 shares trusted in the name of the deceased among the 1,005 square meters of the above Lies. The F shall terminate the trust in the name of the deceased, and shall complete the registration of transfer of ownership on June 20, 1995 with respect to each one-half shares in the name of the Defendants.

B. The criminal facts of the Defendants, as seen above, sold to N on August 21, 2010 the 2/6 shares in each of the above land at KRW 1150 million, while the Defendants, upon inheritance on June 27, 1998, managed and registered the ownership transfer under the name of the Defendants. The Defendants sold to N on August 21, 2010 each of the above land at KRW 100 million, and registered the transfer of each of the above shares to N on October 1, 2010.

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