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(영문) 의정부지방법원 2016.03.31 2015고단1409

배임

Text

Defendant

C shall be punished by a fine of KRW 1,000,000.

Defendant

C If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

B is the owner of F and G (hereinafter “the instant real estate”) at the time of the Gyeonggi-do head, and Defendant A was delegated with all of his/her authority regarding the disposal of the said real estate as his/her father and wife, and Defendant C is the representative director of H of the farming association corporation.

Defendant

B: (a) On March 2, 201, at the J’s office located in Incheon, Defendant A entered into a contract with the victim K and the victim L to transfer the ownership of the instant real estate at the same time; (b) KRW 4,350,000,000 for the sales price of the instant real estate owned by Defendant B; (c) KRW 435,000 for the same day’s intermediate payment; (d) KRW 200,000 for the intermediate payment on July 2, 2011; and (e) KRW 3,715,000 for the remainder of February 28, 2012; and (e) received the remainder of KRW 435,00,000 for the victims’ transfer of the ownership of the instant real estate; and (e) received the intermediate payment of KRW 20,000,000 for the intermediate payment around July 5, 201; and (e) received the remainder from the Government District Court prior to receipt of ownership from the victims’s.

1. Nevertheless, Defendant B and Defendant A’s joint crime committed in breach of the aforementioned duties, the Defendants concluded a sales contract with the Korea Agricultural Association Korea on February 11, 2014, and made a provisional registration of transfer of ownership based on the said sales promise.

As a result, the Defendants conspired to obtain economic benefits equivalent to the market price of the above real estate and caused the same damage to the victim.

2. On April 23, 2014, Defendants B and A, together with Defendant C, terminated a sales contract with 967 status of the Republic of Korea for the instant real estate, and cancelled the provisional registration of the said transfer of ownership.

Defendant

C In relation to the instant real estate with Defendant B and Defendant A, C.