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(영문) 부산지방법원 2013.11.07 2013고단4058

배임등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized a Myanmar passport (No. 1) shall be forfeited from the accused.

Reasons

Punishment of the crime

[2013 Highest 4058] The Defendant, along with her husband C, engaged in real estate construction and lease business under the trade name of “D”.

When the Defendant was faced with a situation in which many victims would be accused of criminal complaints, such as defraudation of 20,000,000 won from victims E as a deposit for lease deposit, etc., in order to escape criminal punishment, on June 25, 2006, the Defendant escaped to a foreign country with husband C with her husband C, and entered the Republic of Korea on July 8, 2013 using a forged passport.

1. The victim of breach of trust victim F and G are those who have transferred land to the Defendant with the husband’s death and receive a new officetel in return.

On March 27, 2002, the Defendant was transferred 161.9 square meters from the above victim’s land located in the Busan Seo-gu, Busan, which was owned by the victim G on March 27, 2002, and the Defendant was merged the said land with the Plaintiff’s land I, which was owned by the Defendant, and newly constructed one Jtel on the said land, to transfer eight of the above officetels to the victims.

On March 17, 2003, the Defendant, along with her husband C, drafted a sales contract with the victim F to receive KRW 270,00,000 from the victims under the agreement to transfer the above H site on March 27, 2002, for the period of transferring the said eight-use officetels to the victim F of the said newly constructed Jtel at the Busan Seo-gu Jtel sales office, Busan, to receive KRW 511, 512, 513, 514, 612, 613, 614, and 615.

Therefore, the defendant's duty to register the preservation of ownership in the name of the defendant with respect to the above Jtel, and at the same time there was a duty to implement the registration procedure for the transfer of ownership to the victims of the above Jtel.

Nevertheless, on April 22, 2003, the Defendant violated the above duties and borrowed KRW 900,000,000 in the name of the Defendant at a multilateral branch of the foreign exchange bank located in the Seo-gu, Busan Metropolitan City.