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(영문) 창원지방법원 통영지원 2014.04.24 2013고단1070

배임

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 31, 2012, the Defendant was sentenced to the suspension of the execution of four months of imprisonment for fraud in the Changwon District Court’s territorial branch, and the said judgment became final and conclusive on July 9, 2013.

On July 16, 2005, the Defendant agreed to pay 7,650,000 won of the purchase price, July 22, 2005, the down payment of KRW 7655,00 won, the intermediate payment of KRW 30,660,000 on August 30, 2005, and the remainder of KRW 3,8255,00 won on September 15, 2005, when the Defendant entered into a sales contract for the victim E (title F) and the Defendant’s mother registered in the G name.

The defendant against the victim of July 22, 2005, KRW 1 million as down payment, and the same year.

9. 23. Since an intermediate payment of KRW 38 million was transferred, there was a duty to pay the victim an obligation to implement the procedure for the registration of ownership transfer of the said real estate at the same time as the remainder is received.

Nevertheless, on December 26, 2007, the Defendant violated his duties, sold the above real estate to I for KRW 15 million, and completed the registration of ownership transfer under the name of I on January 7, 2008.

Accordingly, the Defendant stated in the indictment that the market price of H land at the time of 76.5 million won is KRW 15 million in the above real estate market price. However, according to the investigation report (over-the-counter telephone conversations and investigation records No. 103-104 pages), the J stated that the price of H land at the time of Y is KRW 1.5 million including the construction cost, and considering the fact that the purchase price under the sales contract between the Defendant and the victim is KRW 76.5 million, it is reasonable to deem that the market price of the above land is KRW 76.5 million.

The victim acquired financial benefits corresponding to the above, and suffered the same amount of damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E’s statement among the police interrogation protocol of the defendant

1. Statement to E by the police;

1. Each investigation report supplement of suspect's statement, submission of suspect data, Nonparty J.