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(영문) 수원지방법원 성남지원 2017.05.31 2016고단1845
업무상횡령
Text

Defendant

A Imprisonment with prison labor for one year, for ten months, and for one year and six months, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

Defendant

A is the chairperson of the victim J clan (hereinafter referred to as the "victim clan") who is engaged in the general management of the clan, and the defendant B is a person engaged in the financial management of the victim's clan as the general member of the victim's clan, and the defendant C is the member of the victim's clan.

1. On June 2013, Defendants A and C were proposed to sell 12,103 square meters of woodland 31,074 square meters of woodland 31,074 square meters in Gwangju-si, which is the ownership of the victim’s clan, to the KRW 1,560 square meters of L field 1,560 square meters, and M field 506 square meters of M field 506 square meters (hereinafter “instant real estate”) from N to KRW 1.5 billion (3.50 million per square), Defendant C would have to have the Defendant A sell approximately KRW 200,000 won of the above purchase price (50,000 won per square day) under his/her name without a resolution of a clan.

The defendant A consented to it.

According to such a conspiracy, the Defendants conspired to sell N and the instant real estate in P real estate located in Gwangju-si, Gwangju-si around June 18, 2013 to KRW 1.5 billion. While the Defendants received N’ check from N for the purchase price and kept in business for the victim’s clan, Defendant C used KRW 10 million for personal purposes and embezzled it nine times from the above day to July 18, 2014, using the Defendant’s money for personal purposes, such as living expenses, after receiving KRW 214 million out of the above purchase price 1.5 billion.

2. When Defendants A and B conspired to commit the joint crime and charged with embezzlement of part of the instant real estate purchase price on or around April 6, 2015 at a non-permanent place, as stated in the foregoing paragraph 1. In order to pay attorney fees, the amount of KRW 4,40,000 from the agricultural bank account ( Q) in the name of the victim clan kept in business on or around May 21, 2015 to pay attorney fees.

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