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(영문) 의정부지방법원 2016.08.11 2015고단4074

배임등

Text

A defendant shall be punished by imprisonment for six months and a fine of 1,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【Around May 17, 2007, the Defendant entered into a real estate sales contract for the sale of 57 square meters, part of the above E, which is part of the Defendant’s ownership, to F, from the above F as of the same day, at around May 17, 2007, with the purchase price of KRW 90 million, and received 60 million in total the down payment and the intermediate payment from F. Around May 8, 2013, the Defendant entered into a real estate sales contract for the sale of the said real estate with the purchase price of KRW 57 square meters, which is part of the said real estate, at KRW 90 million, to the victim G who succeeded to the status of buyer from the above F. In such a case, the Defendant received the remainder of KRW 30 million from the said F, and at the same time completed the registration of ownership and ownership of the said real estate from the victim.

Nevertheless, around February 17, 2015, the Defendant concluded a real estate sales contract that sells 4 parcels, including the above real estate, to H with the purchase price of KRW 180,000,000,000,000 to H. On or around March 18, 2015, the Defendant acquired the benefit equivalent to KRW 90,000 in violation of the above duties and suffered damage equivalent to the same amount to the victim.

【2016 Highest 433 (Consolidation)】

1. Violation of the Building Act;

(a) A person who intends to build a temporary building for the purposes prescribed by Presidential Decree, such as a temporary building for disaster recovery, entertainment, exhibition, construction work, etc. shall commence construction works after filing a report thereon with the competent authority, and the construction of a building with a total floor area of less than 200 square meters and with less than three floors in a management area shall be filed;

Nevertheless, the Defendant newly built 12 square meters in a container container in a temporary building, 25.16 square meters in a pipe structure, and 28 square meters in a light-scale warehouse in a light-scale warehouse in J-owned forest located in Pyeongtaek-gun I in 2012, without reporting to the competent authorities.

(b) Any person who intends to construct or substantially repair a building;

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