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(영문) 대구지방법원 포항지원 2018.07.20 2017고단813

배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 17, 2007, the Defendant: (a) prepared a real estate transaction agreement with ASEAN; (b) prepared a real estate transaction agreement with 120 million won (excluding payment of 30 million won for G collateral security; 20 million won around August 22, 2007; (c) around 30 million won around the same month; (d) around 230 million won around the same month; and (e) around 230 million won around the same month; and (e) around 34 million won around the same month; and (e) around 50 million won around the same month; and (e) completed the registration procedure with respect to each of the above land owners, 9 million won around the same year; and (e) completed the registration procedure with respect to each of the above land owners; and (e) completed the registration procedure with respect to each of the above land owners. < Amended by Presidential Decree No. 20350, Aug. 22, 2007; Presidential Decree No. 2000, Mar. 4, 294, 2000.

Nevertheless, on July 20, 201, on each of the above lands in violation of the above duties, the Defendant registered the establishment of the right to collateral security of the maximum amount of KRW 45 million to the JJ organization on July 20, 201, registered the establishment of the right to collateral security of KRW 240 million to G Co., Ltd. on October 29, 201, and registered the establishment of the right to collateral security of KRW 132 million to G Co., Ltd. on March 6, 2015, respectively.

As a result, the defendant, in collusion with B, acquired financial benefits equivalent to the secured value equivalent to the total amount of 417 million won for the land that the victim would have been transferred, and caused damages equivalent to the same amount to the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Each police statement protocol with regard to I (including the part recorded in K's statement);

1. As to the investigation report (data on the remittance of the purchase price), investigation report (in relation to the payment of the purchase price), investigation report (in the currency content with Defendant A), investigation report (in the name of Defendant Nonparty A), investigation report (in the case of attaching a detailed statement of L deposit transaction in the name of B deposited with collateral loan), investigation report (in the name of B deposited with collateral loan), and investigation report (in the case of difference between the purchase price and the amount in the contract).