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(영문) 수원지방법원 안산지원 2012.06.22 2011고단2193

배임

Text

Defendant

A Imprisonment with prison labor for one year, for eight months, and for one year, for Defendant C, respectively.

However, the defendant.

Reasons

Punishment of the crime

Defendant

C From February 28, 1984 to September 12, 2001, a person who was in a marital relationship with the victim G is a person who was in a marital relationship with the victim, the defendant A runs real estate brokerage business, and the defendant C and the person who became aware of the introduction of the defendant B, and the defendant B is a person who was in the same church as the defendant C and was aware of the defendant C.

Defendant

C and the victim live in a rental apartment during the marriage period, and around January 27, 1999, they concluded a lease contract with respect to H apartment Nos. 203, 1202 in the name of Defendant C in light of the name of Defendant C.

The above apartment house is a rental apartment and the tenant has the right to conversion for sale at the lapse of five years after the occupancy, and if the lease deposit already paid is calculated as part of the sale deposit and the remainder payment is paid, it can be sold in lots.

Defendant

C and the victim agreed to divorce prior to the occupancy of the above apartment, and the right to the above apartment was the victim. However, since the party was the defendant C under the lease agreement of the above apartment, the victim agreed to purchase the above apartment under the name of the defendant C and the defendant C immediately agreed to transfer the name to the victim.

On October 29, 2001, the victim paid KRW 23,386,00,00 as lease deposit, and continued to reside in the above apartment after moving into the above apartment, and on October 29, 2010, the victim could no longer deal with the sale of the first patrolmen, and became known to the defendant C.

Defendant

C made it thought that the market price of the above apartment is close to the victim due to the increase in the market price of the apartment, thereby selling the above apartment in the name of Defendant B and Defendant C with the above apartment in the name of Defendant C. On the other hand, driving away the victim living in the above apartment, the above apartment was sold, and there was a conspiracy to have the above apartment proceeds divided into two parts.

Defendant

C and Defendant A paid the remainder of 5,570,870 won, excluding the deposit for lease of the above apartment, at the office of the Gyeonggi-gu branch office of the Korea Land and Housing Corporation located in Sungsung-si around March 17, 2010, and the above apartment.