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(영문) 부산지방법원 2016.09.22 2015고단2946 (1)
배임등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year and six months.

[Defendant B] The defendant is punished by imprisonment with prison labor for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

"2015 Highest 2946"- Defendant A

1. Around August 2010, the Defendant and E constitute a breach of trust (joint crime with E) and the victims: (a) were 8265 square meters away from the victims’ own share from the victim F, G, H, H, I, J, K, K, L, M, and N, and the victims were 1/9 square meters (hereinafter “instant land”).

On August 11, 2010, the Plaintiff developed the land through the suspension work, and subsequently delegated the business of re-divisioning and registering the land, and kept the certificates of personal seal impression and seal impression of the victims.

On August 31, 2010, the Defendant and E were paid KRW 70 million remaining after deducting KRW 10 million from V, by setting up a collateral on the instant land without the consent or delegation of the victims, while lending KRW 96 million to V the maximum amount of the instant land without the consent or delegation of the victims.

Although the Defendant and E, according to the delegation agreement with the victims, have a duty not to provide the instant land as security or dispose of it to a third party so that the registration in the name of the victims is not impossible, the Defendant and E, in violation of their duty, obtained financial benefits equivalent to the value of the collateral by establishing a mortgage with the maximum amount of KRW 96 million, and at the same time, suffered financial damage equivalent to the amount of the said value.

2. Breach of trust and fraud;

A. On February 5, 2010, the Defendant: (a) received a request from X to sell 400/1260 of the shares of the co-owners of X-owned land, Gyeong-gun, Gyeong-gun (hereinafter “the instant co-owned land portion”); and (b) mediated the transaction of selling the instant co-owned land amounting to KRW 26 million from the victim’s Z at the Y real estate office located in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and sold the instant public land portion at KRW 26 million to the victim’s Z; and (c) sold it to the Defendant’s children’s agricultural bank account, the purchase price of which is KRW 2

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