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(영문) 광주지방법원 2017.01.20 2016고합151

특정경제범죄가중처벌등에관한법률위반(배임)

Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Defendant A, as the representative member of limited partnership C (hereinafter “C”), owns land and each ground building in Nam-gu, Nam-gu, Gwangju, E, and Defendant B is the actual representative director of the F.

Defendant

A around November 3, 2013, at H office located in Gwangju-gu, Gwangju-gu, on November 3, 2013, concluded a sales contract for 660 square meters of land and buildings and its ground among the land of Gwangju-gu, Gwangju-gu, with the victim I, and on February 1, 2014, the agreement was concluded to exchange the remainder of 1.5 million won with the payment of the registration required for the transfer of ownership of the above land and buildings on the date of the contract, and the remainder of 1.5 million won with the repayment of the documents required for the registration required for the transfer of ownership of the above land and buildings on February 1, 2014. According to the above agreement, the remainder was immediately 150 million won from the victim, and around February 1, 2014, the ownership of the land and buildings could not be transferred to the victim as the initial contract due to the circumstances of Defendant A around February 1, 2014, the remainder was paid to the victim on May 27, 2014.

In addition, around June 19, 2014, Defendant A agreed to enter into a contract for the sales of 1,436 square meters and E site and its ground buildings in the Nam-gu Seoul metropolitan area with the victim J (hereinafter collectively referred to as “the preceding contract for the sales of this case”), Defendant A agreed to exchange KRW 200 million on the date of the contract with the victim I and J, KRW 200 million on August 15, 2014, KRW 200 million on March 10, 2015, KRW 200 million on the second intermediate payment, and KRW 1.25 million on February 1, 2017 with the required documents for the registration of the transfer of ownership of the said land and building and KRW 70 million on February 1, 2017, and at the same time, Defendant A received KRW 200 million from the damaged party immediately and the intermediate payment around 200 million on August 14, 2014, respectively.