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(영문) 수원지방법원 성남지원 2016.02.17 2014고단2241

배임

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On January 20, 2011, the Defendant was sentenced to a suspended sentence of 8 months for the crime of breach of trust in the Suwon District Court, which became final and conclusive on July 14, 201.

The Defendant, on March 2006, purchased 2,744 square meters of forests and fields and E 2,804 square meters of forests and completed the registration of transfer of ownership in the name of F for the purpose of performing land development projects with partners C, etc. on March 2006.

On April 10, 2006, Han-si, Gwangju-si, agreed to sell the forest of KRW 160 million to the victim G and H, and paid KRW 50 million on April 10, 2006, and agreed to sell the said D forest of KRW 136 million to the victim I and J, and received KRW 50 million on April 10, 2006, and the Defendant received KRW 50 million on April 28, 2006. After reporting the conclusion of the said contract from C around April 28, 2006, the Defendant received KRW 110 million in the remainder of the purchase price paid by the victim G and H, and KRW 86 million in the remainder of the purchase price paid by the victim I and J, and KRW 86 million in the purchase price paid by J through C.

As above, the Defendant knew of the fact that the contract was concluded with the victims on the two parcels of forest land as above, and received the balance of the purchase price from the victims under the said contract, and thus, even though the victims had the duty to complete the registration of the transfer of ownership of the said two parcels of forest land, the Defendant entered into a sales contract with the victims on July 3, 2008 to sell the said two parcels of forest land in the name of the Defendant’s wife K on July 3, 2008, and entered into a sales contract with M Co., Ltd. around March 7, 2013 to sell the said two parcels of forest land, and then completed the registration of re-ownership transfer on March 27, 2013, thereby acquiring financial profits equivalent to KRW 296 million in total, and at the same time causing financial losses equivalent to the said amount.

On June 23, 2008, the defendant of "2015 Highest 2558" shares in the roads of R and S in Gwangju City owned by the defendant for victims P and Q at the OO's office located in Gwangju-si N, Gwangju-si, and the defendant's wife.