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(영문) 의정부지방법원 2016.01.14 2013고합354 (1)

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Attachment 2013 Gohap 354] On July 17, 2010, the Defendant received KRW 3,022 square meters, out of 29,900 square meters of the above forest land, from Z, a stock company, the owner of the victim’s YY 29,900 square meters of 29,900 square meters of 29,900 square meters of 3,022 square meters of 29,900 square meters of 29,900 square meters of 3,000 square meters of the above forest (the part of 3,02 square meters of the above forest purchased by the victim was divided into AA on February 6, 2012; hereinafter “AA”), and received KRW 300,00 won under the pretext of down payment and intermediate payment on July 23, 2010.

On July 27, 2010, in mediating the trade of AA with respect to the victim and the Z as to July 27, 2010, the Defendant was difficult to specify the part concerning AA of the said Y as it was before the Y was divided into Y. As such, the Defendant ordered the victim to purchase 2,776 square meters of the said 29,90 square meters of the forest between the Z and the said Z.

On the other hand, a group of Y is to be purchased in the name of AB, and when the part AA in the forest is divided into Y, an agreement was concluded to pay the remainder at the time and complete the registration of transfer of ownership in the name of the victim.

On the other hand, the victim spent KRW 147,50,000 for his own expenses around August 2010, and newly built a 392m2 square meters of the roof of the general steel structure board and a 43.48m2 square meters of the roof of the steel structure board on the same ground (hereinafter “new factory of this case”) on the ground of the above forest A, and acquired it at the time. However, since the land was already subject to development permission under the name of the Z, the new factory of this case was owned under the name of the Z, since the construction permission and ownership preservation registration for new building on the ground were completed under the name of the Z, the new factory of this case was continuously owned in the unregistered state.

On February 6, 2012, the Defendant was divided into AA parts of forest land into Y on February 6, 2012, and on February 24, 2012, 2012, the ownership preservation, etc. of Z in the name of the Z Co., Ltd. pertaining to the new factory of this case was completed, and accordingly, AA and its ground under