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(영문) 대구지방법원 상주지원 2015.01.13 2014고단557
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, rhythizing the facts charged without changing the indictment and recognizing the facts charged.

1. Around May 2002, when the Defendant acquired the above building by payment in kind from F, the Defendant: (a) received a request from the victim for a title trust request that the victim would make the name of the above building to the Defendant; and (b) made the registration of ownership transfer on June 26, 2003 and kept it for the victim; (c) around December 11, 2013, the Seoul Western District Court registered the Seoul Western District Court’s registration located in 105-1, Mapo-gu, Seoul, Mapo-gu, Seoul, Seoul, as a security of KRW 25 million borrowed from G, with the maximum debt amount of KRW 25 million on the above building owned by the Defendant to G without the consent of the victim G.

Accordingly, the defendant arbitrarily provided the above building which was trusted by the victim as a security for the defendant's personal obligation.

2. On January 1, 2014, the Defendant entering the said house, which was located in Seodaemun-gu Seoul Metropolitan Government H, went into the said house through the entrance and exit door for the reason that the possession of the said house was restored from the victim and intruded into the victim’s residence.

3. The Defendant destroyed and damaged property at the time and place specified in paragraph 2, and for the foregoing reason, destroyed the locks attached to the said victim’s house entrance and door, and replaced the locks with new locks, thereby undermining the market price.

Summary of Evidence

[Fact 1]

1. Partial statement (including D's statement) of the suspect examination protocol of the accused by the prosecution;

1. Court rulings (2009Da45248), court rulings (2010Na2804), court rulings (2010Da80152)

1. The conciliation protocol (2012 Ghana2609) - The accused and the defense counsel are worth KRW 30 million from the J in civil litigation against the injured party J.

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