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(영문) 대구지방법원 김천지원 2018.03.29 2017고정631
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, while serving as the general secretary of the victim C clan, was engaged in the management of the victim’s clan properties.

On March 25, 2015, the Defendant sold 48,396m2 (hereinafter “the instant forest”) of F forest land in Nam-gu, Nam-gu, Sinpo-si, the real estate not owned by the victim’s clan to G and 4 other than G, at the E certified brokerage office located in Nam-gu, Nam-gu, Sinpo-si, the Defendant received KRW 140 million as a check for down payment from G to H, and deposited it into the Defendant’s new cooperative account in the Defendant’s wife’s wife’s name for the purpose of the victim’s clan.

In this regard, the Defendant, at around April 14, 2015, delegated a certified judicial scrivener with all procedures related to the inheritance preservation registration and ownership transfer registration due to the division of the forest land in this case and delegated a certified judicial scrivener with all procedures related to the registration tax, remuneration, etc. on the part of the JJ office located in the North-gu Office I at the time of the port of Korea on April 14, 2015, but was in the account under the name of H on July 13, 2015 upon receipt of two copies of a receipt issued to the effect that the Defendant was in the aggregate of KRW 52,515,940, including registration tax, remuneration, etc., collected from the employees of the certified judicial scrivener office on June 3, 2015.

73,332,315 won was remitted to an account under the name of the defendant, and on August 30, 2015, the head of the receipt 2 submitted to the victim clan general meeting and embezzled the difference between the amount of the registration tax, remuneration, etc. paid to the actual certified judicial scrivener and the refund of KRW 8,826,580.

2. Before completing the registration of transfer of ownership on the forest land of this case from G under paragraph (1), the Defendant: (a) requested to divide the forest land of this case into five pieces; (b) but (c) the members of the clan under paragraph (1) refused to divide the contract into five pieces; and (d) decided to arbitrarily forge the minutes of the clan and power of attorney in the name of K and 14, other than the clan members, and divide the forest land of this case into five pieces.

A. The Defendant, at around 12:00 on June 9, 2015, is from the staff of a certified judicial scrivener office at the J under Paragraph (1) of this Article.

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