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(영문) 의정부지방법원 2012.08.24 2011고합433
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Around February 2002, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) filed a registration of ownership transfer with the Defendant on November 26, 2002 with respect to the land within eight parcels of land, such as 1,931 square meters, 330 square meters of F site, G road 9 square meters, 2,001 square meters prior to H, 2,195 square meters, J field 879 square meters prior to K, 317 square meters, L field 1,67 square meters, 196 square meters of F ground, and 196 square meters of land under the name of the Defendant on the title trust with the victim D, and completed a registration of ownership transfer under the name of the Defendant on December 11, 200 of the same month with respect to M forest and 119 square meters of land purchased by the victim under the title trust agreement with the victim D, and completed the registration of ownership transfer with the Defendant on the name of the Defendant on the aggregate 9 land and the victim on each 60.

As above, at the time the Defendant completed the registration of the establishment of each of the above real estates as to each of the above real estates, the value of the above real estates according to the officially announced land value was KRW 101,956,80, KRW 82,170,00, KRW 80, KRW 11,385,00, KRW 126,463,20, KRW 120, KRW 1370, KRW 135,870, KRW 135,50, KRW 42,631,637, KRW 60, KRW 60, KRW 1637, KRW 60, KRW 60, KRW 986, May 10, KRW 81,286,00, KRW F building was totaled of KRW 10,830,00, KRW F building10, KRW 717,110.

Accordingly, the Defendant embezzled each of the above real estate amounting to KRW 710,317,110, which was kept for the victim by obtaining registration title trust from the victim.

2. Around February 2002, the Defendant entered into a title trust agreement with the victim D to make a registration of ownership transfer with respect to 3,170 square meters in the name of the Defendant at the Namyang-si, where the victim purchased with the victim D, and then the documents necessary for the registration of ownership transfer.

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