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(영문) 인천지방법원 2017.04.13 2015고합843
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

To the extent that it is deemed that the defendant does not actually impede the exercise of his/her right to defense, the facts charged are partially revised and recognized as criminal facts.

[C] On July 31, 2006, the Defendant purchased 13 lots of land located in Pyeongtaek-si E under the name of his spouse D on July 31, 2006 (the land in Pyeongtaek-si, G, H, I, J, K, L, L, M, M, N,O, P, Q, R, and R (hereinafter referred to as the “instant project”). The Defendant was implementing new construction and rental business (hereinafter referred to as the “instant project”).

1. On November 23, 2010, the Defendant’s agreement with the victim S, T, and U shall jointly purchase the victim S, T, and M in the mutual influence restaurant located in Seocho-gu Seoul Metropolitan Government Seocho-gu, with respect to the victim S, T, and M land, as to the victim U and J land, and S and T shall jointly purchase the land of Pyeongtaek-si in Gyeonggi-do.

Land price shall be one million won per square, and M land shall be KRW 165 million for M, and KRW 162 million for J land shall be KRW 162 million for J land.

U shall be U in the name of U in accordance with the results of the pre-consultation between the defendant and the J land.

The Defendant prepared an agreement for business modification to the effect that the Defendant received a loan (650,000 won) from the bank by taking mortgage on the entire land of Ma sold to S, T and U, and J, within 40 days after receiving the full payment of the purchase price of Ma and J land, the Defendant agreed to cancel the mortgage on Ma and J land (hereinafter “as of this case”) within 40 days after receiving the full payment of the purchase price of Ma and J land, and sold M and T land to the victim S and T.

2. On July 6, 2010, the Defendant entered into a contract with the victim W and I land under which the Defendant sold the said land to the victim W in the purchase price of KRW 210,000,000, and immediately completed the registration of transfer of ownership (hereinafter “the instant contract 2”).

[2] Since the Defendant received full payment from the victims of the instant violation of the provisions of Articles 1 and 2, the Defendant is in accordance with each of the above agreements.

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