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(영문) 제주지방법원 2018.04.12 2016고단1059
횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 2004, the Defendant, along with several persons including the Victim C, made investment in the business of purchasing D Il-il Land in the name of E (Defendant 130 million won this court recognized the sharing ratio between the Defendant and the Victim as 13:20,000,000,000 won). As such, the part of “Defendant 30 million won” is changed ex officio to “Defendant 130 million won”;

On December 27, 2010, the victim C. 200 million won and the F-si in Jeju City (hereinafter “F-land”) acquired from E on December 27, 2010 in response to their respective investments, and the co-ownership registration was made in the name of the Defendant’s former wife G and the victim (G shares 121/491, the victim’s shares 370/491, the limit of the minimum unit of the ownership registration, which is different from the actual internal share ratio).

After that, on March 10, 201, the Defendant received loans from H and I land (hereinafter “H land”) at H and I on March 10, 201 with the victim and purchased the said H land as collateral and registered in the name of the victim on March 23, 201, by purchasing the said H land in the name of the victim. On March 23, 2011, the said F land was divided into three pieces, F, J, and H, and H (hereinafter “instant land”). Accordingly, the Defendant ultimately changed the victim and the instant land to “Defendant 13” at the actual share ratio [in its authority] of the said land.

: The victim was shared as the victim (20).

On August 14, 2013, the Defendant agreed with the victim to sell the instant land in the Jeju Pluri Plinium to settle the price for disposal, and entered into a sales contract to sell the instant land in the Plinium Plinium with the victim’s delegation, and completed the registration of transfer of ownership prior to the purchaser’s payment, depending on the buyer’s circumstances, and subsequently the contract was rescinded at the buyer’s own responsibility, thereby recovering the ownership of the instant land.

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