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(영문) 수원지방법원 성남지원 2021.01.14 2020고단529

배임

Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a person who constructs and sells “C” a 2-story underground and a 4-story surface-based 742 square meters of land B atHanam-si.

Around November 13, 2017, the Defendant entered into a sale contract with the victim D to sell the above subparagraph in KRW 180,000,000,000 on the same day, and received KRW 180,000,000 as down payment, and received KRW 140,000,000,000 as the remainder payment on the 14th day of the same month and received KRW 140,000,000 from the above victim to register the transfer of ownership, despite the fact that the Defendant breached the above duty, thereby acquiring property benefits equivalent to KRW 180,00,000 by completing the registration of all co-owners’ share transfer on the grounds of trust to F Co., Ltd. on October 26, 2018, thereby incurring property damage equivalent to the same amount to the victim.

2. In full view of the following facts and circumstances that can be recognized by the records of judgment, the facts charged in this case are proven only by the evidence submitted by the prosecutor.

It is insufficient to view it, and there is no other evidence to prove it.

① Of the instant loan transaction agreement, the terms and conditions of the special agreement include “1. The buyer cooperates in setting the entire security for the subject matter after completion of the inspection, and the seller’s security established in relation to subparagraph E after the establishment of the security shall be cancelled and cancelled without fail.

D appears to have been aware of the above special agreement at the time of the contract.

(2) In light of the method of securing a new building, it is difficult to readily conclude that security by the method of trust is excluded from the meaning of “total security” among the matters stated in the said special agreement.

In addition, G, who written the above contract, entered the above phrase in this law to the meaning that it includes a security by trust, and talking about the trust between the parties at the time of the contract.

statement is made.

(3) The defendant and D shall have a friendly relationship and entered into a contract.