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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is between the victim C, D, E, and South Korea.
The father W of the defendant died on July 30, 1984, and the mother of the defendant died on September 10, 2001, the defendant succeeded to 36/10 of the shares of the defendant in Yeongdeungpo-gu Seoul, K, L, M, N,O, P, G, Y, G, Y, Z, AAB, AB, AC, Q and its ground, and the victims inherit 11/95 of each of the above real estate.
After the death of W, the Defendant leased each of the above immovables.
1. From January 1, 2004 to December 31, 2010, while keeping the leased income of the victim C from January 1, 2004 to December 31, 2010, the victim’s refusal to request the return of the leased income was embezzled totaling KRW 58,771,697; and
2. From January 1, 2004 to December 31, 2010, while keeping the leased proceeds of the victim D from January 1, 2004 to December 31, 2010, the victim refused the victim’s request for return and embezzled KRW 59,185,187 in total; and
3. From January 1, 2004 to December 31, 2010, while keeping the leased income of the victim E from January 1, 2004 to December 31, 2010, the victim refused the request for return and embezzled KRW 59,241,927 in total.
2. Determination of facts charged
A. According to the records, (1) whether the Defendant was in the status of keeping rental proceeds for the victims; (2) the father W of the Defendant died on July 30, 1984; (3) the mother of the Defendant died on September 10, 2001; and accordingly, the Defendant’s respective real estate stated in the facts charged (hereinafter collectively referred to as “instant inherited real estate”).
The defendant's 36/95 shares, 5/95 shares, 26/95 shares, 11/95 of each of the inherited property of this case, 5/95 of the victims respectively, 2. On November 2, 2004, V was declared incompetent by Seoul Family Court 2004Ra3089, and the above judgment became final and conclusive on November 25, 2004, V was the defendant's guardian on the same day, 3 the defendant continued to lease the inherited property of this case after W, and the victims were the victims.