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(영문) 수원지방법원 여주지원 2018.02.14 2017고단419

배임등

Text

A person shall be punished by imprisonment with prison labor for not less than 8 months and by imprisonment for not more than 2 months for a crime set forth in the judgment of the defendant.

(b).

Reasons

Punishment of the crime

1. The Defendant, on May 31, 201, was sentenced to a suspended sentence of ten years for a violation of the Mountainous Districts Management Act, etc. on the part of the Friwon, the Defendant was sentenced to a suspended sentence of ten years for a violation of the Mountainous Districts Management Act, etc. On December 14, 201, the said judgment became final and conclusive on December 14, 201. On November 17, 2014, the Defendant was sentenced to a suspended sentence of one year and two months for a crime of fraud from the Friwon Friwon to the Friwon, who was sentenced to a suspended sentence of one year and two months for a crime on February 27, 2015.

[Criminal facts] The defendant is a person who has been engaged in real estate development business in Gyeyang-gun.

On May 17, 2007, the Defendant was invested in KRW 200 million, to be used as the down payment for the said parcelling-out business, on condition that he paid 30% profits within six months from the victim D through G and returned the principal, by purchasing KRW 850,000,000 from E and promoting the business development and parcelling-out as a housing complex.

By December 2007, the Defendant failed to carry out the said FF land development project properly. During that process, the Defendant was demanded from the injured party to return the said KRW 200 million, and on December 20, 2007, at the I Office located in Yangyang-gun H, Yangyang-gun, “A land is developed and sold in the same manner as F land is purchased from M, and real estate is developed and sold in the same way as F, but there may be a high value of investment and a lot of profits in the way of real estate, purchase at the level of 400 square meters in KRW 260,000,000. The KRW 200,000 is to convert the investment in the existing FF land and additionally pay KRW 60,000,000,000,000 from M through the development project, it was additionally granted from the injured party a registration of transfer of ownership equivalent to KRW 400,000 from the said land.

However, upon the occurrence of a dispute over the above land ownership and the delay in the procedure of the transfer of ownership under the above contract, the Defendant repaid the investment money to the victim on December 11, 2008 as soon as he/she acquires the ownership of J (N-registered conversion; hereinafter the same shall apply) from the above land.