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(영문) 창원지방법원 2012.04.20 2011고단2506
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 4, 2010, the Defendant received a title trust registration from the Defendant’s husband C’s her husband D to receive and completed the registration of transfer of ownership under each Defendant’s name, instead of the Plaintiff’s husband D to receive and completed the title trust registration from the Defendant.

While the defendant was in custody of the above apartment for the victim, he was willing to dispose of it in order to cover the construction cost that was not received from D while constructing the above apartment.

1. On October 15, 2010, the Defendant was granted a loan of KRW 80,000,000,000 from the agricultural cooperative store located in Yong-Nam-gun and Eup, and embezzled the registration of the establishment of a neighboring maximum debt amount of KRW 96,00,000 under the name of the said association regarding subparagraph 202.

2. On February 28, 2011, the Defendant arbitrarily sold the said KRW 902 to F amounting to KRW 110,000,000 for the price of KRW 100,000,000,000,000. On March 7, 2011, the Defendant: (a) was found to have registered the ownership of the said real estate at the registry office instead of the public in the public in the public in the public in the public in the public in the public in the public in the public in the

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the third protocol of the trial;

1. Part of the protocol concerning the examination of the suspect against the defendant (including the part concerning D's statement);

1. Application of the statutes on a petition for complaint, a certified copy of each real estate register, and a sales contract;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the crime (the point of embezzlement and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The victim’s consent was given at the time of the disposition even if there was an agreement on payment in kind with the victim, and even if not, there was no intention of unlawful acquisition or embezzlement because there was a lot of settlement received from the victim.

2. Determination.

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