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(영문) 춘천지방법원 원주지원 2015.09.23 2015고단551
횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 15, 2010, the Defendant agreed to conduct gas station business jointly with the victim C, and the Defendant provided the land as the site of gas station in the original city owned by him/her. The victim provided KRW 300 million in cash to build a gas station building and a prefabricated-type building on the said land and to share one-half of the said land and buildings. On February 15, 201, the above building was newly constructed, and each Defendant was prepared to prepare for gas station business on February 16, 201, after completing registration of preservation of ownership in the name of his/her respective Defendant on the prefabricated-type building.

1. As above, the Defendant, while preparing for a gas station business as above, did not produce any particular revenue, and was faced with money shortage due to therapy of urology, he thought that the registration of ownership of the above land, building, etc., which is the business property, was made in the name of the Defendant, was made in the name of the Defendant, and received the loan from the financial institution as security and used at will.

On April 7, 201, while the defendant kept the above land, buildings, etc. on behalf of the victim, the defendant provided all of the above land, buildings, and other business property, such as the above land, buildings, to the National Agricultural Cooperative Federation at his/her discretion as a security at the school-dong branch office of the National Agricultural Cooperative Federation of the Korea Agricultural Cooperative established in Gangwon-si, Seoul. On the same day, the defendant completed the registration of establishment of the neighboring land, buildings, etc. under the name of the National Agricultural Cooperative Federation on the same day.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, due to the use of the purchase price, agreed to dispose of the property of the same kind of business with the victim as it is difficult for the Defendant to commence the gas station business, and divided it with the victim. However, on the grounds of paragraph 1, he was suffering from the financial shortage, he was willing to use the proceeds of selling the property of the same business in

On October 2, 2014, the Defendant sold all of the same business property, such as the above land and buildings, to KK within the G Building in the original city around October 2, 2014, and sold for the victim 300 million won.

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