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(영문) 전주지방법원 정읍지원 2017.08.10 2016고단584

배임

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 23, 1993, the Defendant entered into a sales contract with the victim E, around 23, 1993, on the aggregate of approximately 1,167 square meters, including approximately 393 square meters and approximately 774 square meters, owned by the Defendant, in the victim E’s residence located in Jung-gu, Jung-do.

The Defendant agreed to receive 18 Gama out of 20 Gama under the pretext of part payments from the injured party on the day of the contract, from December 30, 1993, 18 Gama under the pretext of part payments, and from December 30, 1994, 18 Gama out of 20 Gama under the pretext of the remainder payment and at the same time, complete the registration of transfer of ownership of the above land and receive 2 Gama in the remainder.

In accordance with the above agreement, the Defendant received from the injured party the white 2 Gama on the day of the contract, around December 30, 1993, around 18 Gama on December 30, 1993, and around December 30, 1994, around 18 Gama on December 30, 1994, respectively, from the Defendant’s residence, the duty of the injured party to implement the procedure for the registration of transfer of ownership of the above land at the same time.

Around August 25, 2015, Defendant sold the above land to I in violation of the above duties, and on September 15, 2015, Defendant sold the land to I in the above Defendant’s residence, and on the machinery, such as Jeonju District Court’s Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office

Accordingly, the defendant acquired property benefits equivalent to the market price of the above real estate and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J, K and L;

1. Contract for trading;

1. Application of statutes governing certified copies of real estate registers;

1. Article 355 (2) and Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 355 (2) and (1) of the Criminal Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. After the conclusion of the instant sales contract, the Defendant only received the down payment from the injured party, which is 80 km one half of 80 km down payment.