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(영문) 부산지방법원 동부지원 2012.05.03 2012고단618
횡령
Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are the members of the victim Franchising.

1. Defendant A received title trust from the victim’s door the forests and fields that were divided into G (H), I, J (Classification in H), L, M, N, andO (Division in P) and kept in custody for the victim’s door while the said forests and fields were incorporated into K around July 2008, Defendant A received the compensation and tried to embezzled it.

On August 2008, the victim's door filed a lawsuit for the registration of transfer of ownership due to the cancellation of title trust with respect to each of the above forests and fields, and on October 14, 2009, the Busan District Court rendered a decision to transfer ownership with respect to each of the above forests and fields in the victim's door. A.

On July 29, 2010, the Defendant received KRW 187,914,924 from the Defendant with respect to the portion of 17082/6831 which was deposited in the name of the Defendant among the forest land in the Haan-gun, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and embezzled by refusing to return the said portion of forest land after receiving KRW 576,250,00 additionally deposited with the same content at the Changwon District Court around October 15, 2010, and receiving KRW 188,491,174, while being kept for the victim’s expression, the Defendant refused to return the said compensation on or around June 2011.

B. On July 29, 2010, the Defendant received KRW 90,90,214 from the Changwon District Court in relation to the portion of KRW 1/4 of the 1/4 forest in the name of the Defendant among the J forest in Chungcheongnam-gun, Chungcheongnam-gun, and received KRW 344,460 additionally deposited with the same content in the Changwon District Court around October 15, 201. On February 15, 2011, the Defendant received KRW 65,835,220 of the 1/4 of the 1/4 forest in the name of the Defendant from the Changwon District Court in relation to the sum of the 1/4 forest in the name of the Defendant among the 157,079,894 forest in the name of the Defendant, and received a request for the return of the 1/4 forest in the name of the victim on June 201.

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