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(영문) 광주지방법원 목포지원 2012.07.23 2010고단1310
횡령등
Text

1. The defendant A shall be punished by imprisonment with prison labor for one year and six months, by imprisonment for four months, and by imprisonment for eight months, respectively.

2. Provided, That this shall not apply;

Reasons

Punishment of the crime

1. Under the premise, Defendant A, while operating a construction enterprise around 1985, took care of the victim E who was engaged in the construction business of lending and telecom, etc., and aided the victim’s business. From around that time to December 2007, Defendant A lived with the victim.

Around May 20, 2002, the injured party purchased the G G large 489 square meters (hereinafter “Hel land”) in the name of Defendant A and completed the registration of ownership transfer under the name of Defendant A on June 21, 2002. The injured party agreed to purchase the land under the name of Defendant A so that the injured party can contribute the purchase price for the Hel land and obtain a loan easily under the name of Defendant A, and the injured party concluded a title trust agreement with N in the name of Defendant F pursuant to the above title trust agreement, and based on that sales agreement, the ownership transfer registration was made in the name of Defendant A.

However, in this case, there is no proof that F or his agent knew that a title trust agreement had been made between the victim and the Defendant A, it is reasonable to deem that the said title trust agreement was a title trust under a contract concluded with N that the truster and the trustee concluded a title trust agreement, and Defendant A, the trustee, was the party to the sales contract, and concluded a sales contract with N that represented F, the seller, and that the registration was made in the name of the trustee, Defendant A, the trustee, so even if the above title trust agreement is null and void, the registration of ownership transfer under

From July 26, 2002, the “Hel” was newly constructed on the ground leveling to seven stories on that ground, and the registration of ownership preservation was made in the name of Defendant A on December 24, 2002.

The victim contributed to the new construction of the Hel and acquired the Hel originally. However, in order to avoid the convenience of loans and tax issues, the registration title of the Hel was trusted to the Defendant A.

In addition, the victim on November 26, 2002.

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