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(영문) 수원지방법원 여주지원 2017.08.24 2016고합107
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a member of the clan of a victim C (hereinafter referred to as “victim’s clan”).

Of the victims, the victim’s paper is written as “L” in the case of Ischeon-si D Ri (hereinafter “D Ri”) No. 9,725 square meters prior to E, F, 4,54 square meters prior to F, and G indictment, which is the land created for the protection of graves and wings, etc., but it is an obvious clerical error in “G”.

Of the previous 3,001 square meters and 1,841 square meters prior to H (hereinafter collectively referred to as “each of the instant lands”), one-third portion of each of the instant lands was entrusted in the name of the clan I, J, and K with each of the registration for the preservation of ownership.

Since then, the victims of the clan spread the circumstance that K’s heir et al. claimed ownership of each of the instant lands and tried to dispose of them arbitrarily, and filed a lawsuit against K, J and K’s heir (M, N,O, P, Q, and R) seeking registration of transfer of ownership on each of the instant lands as the head of Suwon District Court No. 2002 Ghana Branch 542, May 15, 2003, and obtained a final judgment in favor of the said court on July 15, 2003

On January 18, 2008, the victims of the clan held a meeting of executive officers and resolved to exclude J and K, the trustee of the existing name, and to trust all of the land of this case to the defendant, who is his descendants, alone.

On the other hand, on January 22, 2008, the Defendant completed the registration of transfer of ownership on October 26, 2007 with respect to 1/3 shares of each of the instant lands due to inheritance by division under mutual agreement, and on April 21, 2010, the Defendant kept each of the instant lands for the sake of the victim’s clan by completing the registration of transfer of ownership in accordance with the above civil judgment and the above resolution of the board of directors during the victim’s species.

On August 27, 2015, the defendant extended a loan of KRW 600 million from the Agricultural Cooperatives around the same day and completed the registration of the establishment of the right to collateral security of KRW 800 million with respect to each of the land of this case to the Agricultural Cooperatives on the same day.

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