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(영문) 대구지방법원 포항지원 2014.07.23 2013고단1137
횡령등
Text

A defendant shall be punished by imprisonment for not less than three months.

Of the facts charged in the instant case, each embezzlement is acquitted. The Defendant is acquitted.

Reasons

Punishment of the crime

【Criminal Power】 On January 23, 2009, the Defendant was sentenced to four years and six months of imprisonment for a crime of fraud, etc. at the Ulsan District Court, and on October 9, 2009, the same court was sentenced to four months of imprisonment for a crime of fraud, etc., and on August 9, 2009, the period of parole on August 12, 201 during the execution of the sentence was expired on September 26, 201.

【Criminal Facts】

1. From November 201, H decided to sell G forest land located in North Korea-gu at H-si at the port to I KRW 250,000,000,000, around November 201.

Around November 201, 201, I introduced the title trustee of the above land to the defendant and asked him to receive the above land, and the defendant recommended the J to lend the name of the registration, and introduced the J to I, and I and J agreed to the title trust agreement to the registration of ownership transfer of the above land in the name of the J.

Accordingly, in the Daegu District Court Branch on December 21, 201, I made the registration of ownership transfer in the name of J on November 16, 201 with regard to the above land as the ground for registration in the Daegu District Court Port Branch on November 21, 201.

Accordingly, the Defendant instigated J to have the real right to real estate entrusted under the name of the title trust agreement.

2. Around April 2012, L on the remaining-gu K land at the port to sell the remaining-gu M and N forest to I at KRW 21.680,000,000 for four joint ports, such as L, etc.

around April 2012, I asked the defendant to introduce a title trustee to the above land, and the defendant recommended the O (Revised Name P) to lend the registered name, and introduced theO to I, and I andO agreed to execute a title trust agreement under the name of theO for the registration of ownership transfer of the above land.

Accordingly, around May 4, 2012, I made a registration of transfer of ownership in the name of O with the sales contract of May 4, 2012 for the land as the cause of registration in the Daegu District Court Port Branch.

Accordingly, the defendant instigated the O to entrust the real right to real estate under the name of the title trust agreement.

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