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(영문) 수원지방법원 여주지원 2018.06.01 2018고단95
부당이득
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are two thousand C Dong-dongs with each other's friendship.

Around April 2015, the victim D entered into a sales contract with E for the purchase price of KRW 870,000,000,000 for two parcels, etc. of E-si F land, and the victim agreed to terminate the collateral security right established on G-owned land on a scale of KRW 396,00 square meters (hereinafter “the instant stable division”) and to withhold the balance of KRW 100,000 until the transfer of ownership to E.

The victim was a plan to receive the successful bid and transfer the ownership to the purchaser in the process of the auction in progress with respect to the division of the instant cattle, but if it is not possible to receive the above KRW 100 million from E, and the sales contract itself could be rescinded.

Defendant

B was involved in the overall sales contract as agent in E, and became aware of the terms and conditions of the above contract and the situation of the victim, and was notified to Defendant A of such fact and conspired to receive and sell a large amount of money from the victim by winning the contract in the name of Defendant A.

Accordingly, in the case of Innju on March 2, 2016, Defendant B’s branch court of Suwon District Court No. 21-12, the part of the facts charged in this part of the charges that “the victim knows that he would make a tender for 3.5 million won” is insufficient evidence to acknowledge this.

Defendant

A directed A to award 4.10,00 won, and Defendant A, according to the direction of Defendant B, entered 4.3 billion won as a bid street, was ultimately awarded the contract for the division of the instant axis.

Since then, Defendant A received a request from the injured party to sell the instant livestock shed division, and demanded that the sales amount be KRW 90 million, and eventually, Defendant A would sell the instant livestock shed division to the injured party for KRW 45 million. On April 15, 2016, Defendant A would sell the instant livestock shed division to the injured party for the sales amount of KRW 45 million.

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