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(영문) 대전지방법원 2019.01.11 2018고단582
횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

The defendants are the clan members of a clan that is composed of C 28 years of age D as a joint ancestor.

On February 27, 1986, the victim of the clan purchased the land of 1,593 square meters in Sejong-si E in compensation for the clan, and completed the registration of ownership transfer under the name of Defendant A’s father F. Defendant B made a provisional registration of the right to claim the registration of ownership transfer on the same day as that on which the F would not dispose of the said land without permission, and Defendant A completed the registration of ownership transfer in its name from the above F on the ground of inheritance on October 27, 2015.

From October 2015, the Defendants came to be aware that the said land was registered in the name of Defendant A, and then disposed of arbitrarily, and then divided the proceeds of sale.

Defendant

A, while keeping the above land for a clan on October 13, 2015, at the H Office located in Sejong-si, G on October 13, 2015, sold the above land in KRW 210,00,000 in mind to I, and Defendant B cancelled the provisional registration of the right to claim ownership transfer registration of the above land on December 8, 2015, the Defendants completed the registration of ownership transfer of the above land at the Sejong-si registry around December 9, 2015.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

Defendant

A

1. The defendant's statement in court (the defendant, who denied the crime once again, was led to confession on the third date for pleading);

1. Defendant B’s legal statement before the witness J;

1. Legal statement of the upper accused A;

1. Legal statement of the witness J;

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Each prosecutor's protocol of examination of the accused A (including the substitute part) to the accused A;

1. Part of the statement made by the police against the defendant A;

1. Each police statement to J and K;

1. The petition (including attached materials) of a L organization;

1. A copy of a real estate sales contract;

1. The defendant B and his defense counsel for each investigation.

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