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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant: (a) established a false collateral security on the instant real estate for the purpose of receiving in cash the full amount of compensation for 129 square meters, E-road 60 square meters, F,858 square meters, and G 46 square meters (hereinafter “the instant real estate”) prior to Daegu-gu, Daegu-gu, in which his father, who was his father (hereinafter “the deceased”) owned, for the purpose of receiving in cash the full payment of compensation for the said real estate; (b) died on August 2, 2008; (c) around October 20, 2008, the Korea Land Corporation decided to deposit 1,317,282,250 won in cash with the court; (d) 1,317, 282,250 won in compensation money; (e) the mother, H, her sibling, her sibling, and J; and
Around October 22, 2009, the Defendant received KRW 500,000,000 out of the above deposited money under L’s name from the Daegu District Court according to the above court K distribution procedure and embezzled it by using KRW 230,000,000 out of the above deposited money for personal debt, living expenses, surgery expenses, etc. from around that time to August 2011.
2. Determination
A. In full view of the evidence duly admitted and examined by this court, the following facts can be acknowledged.
1) The instant real estate was owned by the deceased, who is the father of the Defendant, and the Korea Land Corporation was incorporated into the project site in the course of implementing M development projects around March 2007. 2) The Defendant and the Deceased, in order to receive in cash the compensation for expropriation of the instant real estate from the Korea Land Corporation, have completed the registration of creation of a neighboring mortgage of KRW 1,00,000,000 on the instant real estate on the ground of N and fake mortgage, and P.
3) On July 22, 2008, theO and P received a claim seizure and assignment order by subrogation as to KRW 500,000,000 among the expropriation compensation claims that the deceased would have to acquire to the Korea Land Corporation as a result of the expropriation of the instant real estate by the Korea Land Corporation, and the said order became final and conclusive. 4) As the deceased died on August 2, 2008, the deceased’s death.