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(영문) 전주지방법원 군산지원 2013.07.24 2012고단3195
횡령등
Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2012 Godan3195] The Defendants, as the husband’s wife’s land, conspired to sell and embezzled the above trusted real estate for the victim by being entrusted with the ownership transfer on September 25, 2003 under the name of the land of 361m2, F site, 279.6m2, G site, 251m2, 363.7m2, and 363.7m2, and 4m2, and 361m2, which were owned by the victim, from the victim D, who was the victim of the said E’s farmland on September 17, 2003.

On March 23, 2011, the Defendants consented to the trading system of the president of the International University, who was delegated with the authority of the Do Governor, and completed the registration of ownership transfer with respect to the “acquisition of public land” on the same day with respect to the “acquisition of public land” on the same day.

Accordingly, the Defendants conspired and embezzled the victim's property.

[2013 Highest 658] Defendant A testified, on March 11, 2013, that “A was present as a witness of the embezzlement case No. 2013 Highest 3195 of this Court, which is located in the Jeonju District Court located in Gunsan-dong, Masan-dong, Seoul Special Metropolitan City, in order to take an oath.” Defendant A testified, “B did not have any participation in selling land of 361 square meters in I University.” and “B did not have any fact that he made a telephone conversation with I University employees and talked to himself about the contents of consultation related to the sale of the said land.”

However, there was a fact that B had telephone conversations with the staff of I University, and participated in the sale of the above land.

Accordingly, Defendant A made a false statement contrary to his memory and presented perjury.

Summary of Evidence

[2012 Highest 3195]

1. Defendants’ respective legal statements

1. Legal statement of the witness J;

1. Full certificate of each registered matter, written agreement on acquisition of public land, written agreement on land use, written price for land land use, written confirmation of fact, written confirmation of performance, and copy of passbook (2013 order658);

1. Defendant A’s legal statement

1. A copy of the statement by the police of J. J.

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