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(영문) 의정부지방법원 고양지원 2010. 2. 18. 선고 2009고정2679 판결
[횡령][미간행]
Escopics

Defendant 1 and one other

Prosecutor

Kim Dok-do

Defense Counsel

Law Firm Gyeonggi-do et al., Counsel for the plaintiff

Text

Defendant 1 shall be punished by a fine for negligence of KRW 5,00,000 and by a fine of KRW 1,000,000, respectively.

In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for the period calculated by converting the amount of KRW 50,000 per day into one day.

To order the Defendants to pay an amount of money equivalent to the above fine separately.

Criminal facts

The defendants are members of the non-indicted 2 clan.

From October 20, 1995, Defendant 1, while working as the general secretary of the above clan, had been able to dispose of the said real estate and take profits therefrom by selling it to the fact that Defendant 1, who is kept in custody for the clan under the title trust of the same clan, 2,337 square meters (hereinafter address 2 omitted) and 2,340 square meters (hereinafter address 2 omitted) from October 20, 1995.

On February 21, 2009, the Defendants sold the said real estate at KRW 193,00,000 to Nonindicted Party 1 (the Nonindicted Party in the judgment of the Supreme Court) in the mutual influorial real estate located in the white school in the Macheon-si, 2009.

Accordingly, the Defendants conspired and embezzled the above real estate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness Nonindicted 3

1. Police suspect interrogation protocol against Defendant 1

1. A copy of a land sales contract;

1. A certified copy of each real estate register;

Application of Statutes

1. Article applicable to criminal facts;

Articles 355(1) and 30 of the Criminal Code

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judge Kang Sung-soo

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