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(영문) 서울중앙지방법원 2016.09.02 2015고합1046

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment for seven years, Defendant B shall be punished by imprisonment for seven years, and fine for 400,000,000 won, respectively.

Defendant

B above.

Reasons

Punishment of the crime

On August 20, 2014, Defendant A entered into a contract with the victim L, M, and the victim at the K Licensed Real Estate Agent Office located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, under which Defendant A sold the building No. 101 floor No. 101 and the shares of the land (hereinafter “instant real estate purchase contract”) except Qu-gu, Qu-gu, Seoul, a joint ownership of the victims.

Defendant

A agreed to receive KRW 200 million on the date of the contract, KRW 60 million on September 30, 2014, KRW 600 million on the part of the victims, and KRW 580 million on November 30, 2014, in repayment of documents and documents necessary for the registration of transfer of ownership on the instant real estate.

Defendant

A received down payment KRW 200 million from the victims to the passbook in the name of Defendant A on the date of the contract pursuant to the above agreement, and received KRW 600 million from the same account on September 30, 2014. Thus, on November 30, 2014, the duty to receive the balance and to implement the procedure for ownership transfer registration of the instant real estate to the victims was incurred.

Defendant

A in violation of the above duties, on April 13, 2015, on the 126-2 T Licensed Real Estate Agent Office of Geumcheon-gu Seoul Metropolitan Government, sold the instant real estate to U and V in the price of KRW 1.5 billion. On the 17th of the same month, Guro-gu Seoul Metropolitan City Park, the registration of ownership transfer for the instant real estate was completed at the Seoul Southern District Court's Guro District Court's office located in Guro-gu, Seoul Metropolitan City

Accordingly, Defendant A acquired property benefits equivalent to KRW 110 million, which is the amount obtained by deducting the maximum debt amount of the right to collateral security established at the time of the transfer of ownership from KRW 1.5 billion at the market price of the instant real estate at the time of the transfer of ownership, from KRW 1.1 billion, and incurred damages equivalent to the same amount to the victims.

Defendant A is the actual representative director of W Co., Ltd. (hereinafter referred to as “W”), and Defendant B is a stock company located in Incheon X.