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(영문) 대전지방법원 2013.11.12 2013고단2594

배임

Text

Defendant

A Imprisonment with prison labor for one year, and for two years, each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

B is the father and wife of Defendant A.

A owned the land located in Daejeon Sung-gu, Daejeon, but as the land was expropriated in the business of the Taeduk Special Research and Development Zone, A became entitled to purchase the housing site from the Korea Land and Housing Corporation.

On March 25, 2011, the Defendants concluded a sales contract with G’s mother, the complainant, to met or sell the right to sell the said housing site at KRW 71 million to G, and received the full payment from B on the day.

On November 23, 2012, A, by means of electronic lottery at the Korea Land and Housing Corporation, purchased a purchase contract with the Korea Land and Housing Corporation which purchased 19,1760,000 won of the purchase price on the 27th day of the same month, as the result of A, purchased 267 square meters of the I site in Daejeon Sung-gu, Daejeon, and H paid 19,176,000 won of the purchase price to the Korea Land and Housing Corporation.

Accordingly, A has a duty to implement the procedures for the transfer of ownership in the name of G on the above real estate.

However, as A and B become aware of the fact that the location of a new site that was sold in lots was good, A and B notified G of the termination of the sale and purchase contract as of December 7, 2012 without any grounds, and sold the said sale and purchase right at KRW 19,1760,000 to J as of December 10, 201 and received the payment.

As a result, the Defendants conspired to obtain property benefits by violating the duty to implement the procedure for the transfer registration of ownership in G name, and caused damages equivalent to the same amount to G.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G, K and H;

1. Statement of the police statement related H;

1. K's certificate of fact;

1. Application of Acts and subordinate statutes to a contract for the sale of a resettled housing site, sales contract, deposit receipt, deposit for the transfer of deposit, and notice of termination of contract for the sale

1. Relevant Articles of the Criminal Act and Articles 355(2) and (1), and 30 of the Criminal Act concerning the selection of criminal facts;