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(영문) 광주지방법원 순천지원 2021.03.04 2020고단622
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 9, 2017, the Defendant, as a member of the victim’s clan B (hereinafter “victim’s clan”), was entrusted with the sale of the said land to the victim’s clan C, the instant land, the instant G land, the instant G land, and the instant FF land, and the sale of each of the said land together with each of the said land was delegated by the victim’s clan to the victim’s clan, for example, C, 1,272 square meters, 613 square meters prior to D, E, 423 square meters prior to D, and F, 168 square meters (hereinafter “each of the said land”).

After that, around November 1, 2017, the Defendant entered into a contract to sell the instant land in the sum of KRW 19,250,000,000,000 for down payment of KRW 20,000,000 for KRW 17,250,000 for KRW 13,290,000 for KRW 48,000,000 for the instant land and KRW 5,5290,00 for the instant land. On the same day, the Defendant received KRW 50,000 for the instant land and the instant G land as down payment, and deposited KRW 5,00,00 for one’s own account in the name of the Defendant. On November 6, 2017, the Defendant received KRW 75,000 for his check in the front of his check and deposited it into the Defendant’s account under the name of the Defendant (K) on the same day.

In addition, on November 8, 2017, the Defendant entered into a contract to sell the instant F land at KRW 137,7700,000,000,000,000 for the down payment and KRW 12,77,000,000,000,000 for the check in his own front of the same day as the down payment, and deposited it into the Defendant’s account under the name of the Defendant (M) with the delivery of KRW 10,000,000 for his check around December 18, 2017, and deposited it into the Defendant’s account under the name of the Defendant (J) on the same day with the delivery of KRW 50,000,000 for his check around December 20, 2017.

As above, the Defendant received a total of KRW 260 million for the sale price of the instant clans, and among them, kept the remainder of KRW 227 million, excluding KRW 330 million for the expenses, etc. related to the sale of the instant clans.

On July 23, 2019, N, the representative of the victim clan, is an extraordinary session of the police.

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