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(영문) 전주지방법원 2016.03.17 2015고단1712
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

The defendant is a member of the victim D clan, who was appointed as a representative on May 3, 2008 by the resolution of the general assembly of the clan.

Around December 24, 2007, the Jeonju-gu Seoul Special Metropolitan City selects the 196,298,500 square meters of the land compensation as the “G”, and around December 24, 2007, the Defendant deposited KRW 198,591,622 added interest to the above deposit money in the victim’s clan on September 4, 2008, the Defendant received KRW 198,591,622 as the previous bank account in the victim’s name. Moreover, the Korea Land Corporation appointed KRW 724,500,000,000 from 724,000,000,000 from 1,436,253,650 square meters of the land owned by the victim’s clan as the land for business, and the Defendant received KRW 375,75,756,756,756,57,57,500 in accordance with the sales contract for public land acquisition.

On the other hand, on September 29, 2008, K of the victim's clan: (a) filed a lawsuit seeking confirmation of invalidity of the resolution of the general meeting of the clan that appointed the defendant as the representative of the victim's clan on November 18, 2009; (b) it was decided by the Supreme Court on October 4, 2010 (Supreme Court Decision 2008Da54917, Oct. 24, 2010) (Supreme Court Decision 2010Da54917, Oct. 24, 2010; and (c) the victim who appointed K as the representative of the victim's clan was reduced to less than the amount of compensation for the defendant's clan 289,10357, and delayed payment of damages for the defendant's clan 2015Da37145, May 16, 2013 (Seoul High Court Decision 2013Da361475, Jun. 24, 2013).

The defendant shall keep in dispute over the status of the representative and the return of the gold in custody for the sake of the victim's clans.

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