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(영문) 수원지방법원 안산지원 2016.03.30 2014고단3346

배임등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. On April 30, 201, the Defendant entered into a sales contract with the victim F and the purchase price of KRW 168 million on the first floor of the pertinent building, which is owned by the Defendant as the representative director, in the D market office located in Ansan-si, Seoul-si, a member of the board of directors, with respect to the size of 64.04 square meters (9 square meters based on the actual number of square meters after remodeling), which is owned by the Defendant, as the representative director.

The Defendant received down payment KRW 20 million from the injured party on May 9, 201 pursuant to the above sales contract. Upon the Defendant’s request, the Defendant transferred the intermediate payment of KRW 20 million on August 16, 201, and the intermediate payment of KRW 30 million on August 17, 201, from the injured party. As such, the Defendant’s duty to receive the remainder on the payment date and simultaneously perform the registration procedure for the transfer of ownership to the said commercial building was incurred.

Nevertheless, in violation of the aforementioned duties, the Defendant: (a) registered the establishment of a right to collateral security (hereinafter “right to collateral security”) with 35 can be deemed to include the above commercial building on September 8, 201 as the object of collateral; (b) thereby obtaining profits equivalent to the market price ratio of the above commercial building 35 can be derived from the secured debt amount of KRW 770,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,0000,000,000,000,000,00,000).