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(영문) 창원지방법원 통영지원 2015.12.11 2015고단908

배임

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On July 27, 2015, the defendant was sentenced to imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Changwon District of Busan High Court on July 27, 2015 and the judgment became final and conclusive on October 15, 2015

【Criminal Facts】

The Defendant is a person who had carried on construction business in macro-si, with a trade name, and a person who has carried on a new construction and sale business of an “F” (hereinafter “F”) that consists of two floors and six detached houses with a size of 16 units on each ground under the premise that he/she was divided into 16 pieces of forest E-si, Gyeongnam-si (hereinafter “instant real estate”) from December 201 to December 201, under the premise that he/she was divided into 16 pieces of land.

On April 7, 2012, the Defendant entered into a real estate sales contract with G and real estate sales office located in the instant housing complex, and received KRW 30,000,000 as down payment around March 31, 2012, and KRW 88,00,00 as part of the intermediate payment around April 7, 2012, and the Defendant received KRW 88,00,000 as part of the intermediate payment on June 5, 2012, at the same time upon receiving the remainder of the intermediate payment and the remainder, the Defendant’s duty to implement the procedures for ownership transfer registration for 6 Dong (including each land of the instant real estate located in the site) of the instant housing complex.

In addition, the Defendant entered into a real estate sales contract with six victims as indicated in the attached list of crimes, and received part of the down payment, intermediate payment, and remainder, and thus, at the same time, the victims are obliged to implement the procedures for ownership transfer registration of each of the instant housing complex (including each of the instant real estate), at the same time as the remainder of the intermediate payment and remainder payment are received.

Nevertheless, the Defendant violated the above duties with respect to the victims, and thus, at the Changwon District Court Doo registry office of the Changwon District Court, which was located at 31-h 32, a 31-lane 32 at the time of a grace period on June 29, 2012, the Defendant entered into a contract with the victims on June 28, 2012.