logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.07.14 2015고단3435
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From around 2010, the Defendant has been working as a certified broker at the D Authorized Broker Office in Gangnam-gu Seoul Metropolitan Building No. 102, and has been engaged in mediating the purchase and sale of apartments.

On July 27, 2012, the Defendant arranged a contract to purchase F apartment in the name of the victim G with the right to sell the apartment house in the name of 604 dong 1104 and 1104, Gangnam-gu Seoul Metropolitan Government, which was constructed by Samsung C&T, and on the same day, the victim of the same day is obviously 102,820,00,000 won as the purchase price for the apartment house and 20,920,000 won as the purchase price for the apartment house as the purchase price for H, and thus, the “I” as stated in the bill of indictment is a clerical error, ex officio, paid to F through the account in the name of the corrected box.

Of the above apartment purchase price of KRW 819,00,000, the Defendant is aware that the injured party may receive a loan from the bank. The injured party paid the remainder of KRW 245,700,000 on the day of moving into the bank, and at the same time, received KRW 2,00,000 as brokerage commission from the injured party on August 15, 2012 while mediating the above apartment ownership transfer at the same time, and therefore, there was an occupational duty to cooperate with the injured party for the transfer of ownership of the above apartment.

Nevertheless, the defendant violated the above duties and around October 2013, the defendant sold the above apartment sale right to L from K real estate located in the Gangnam-gu Seoul High Court of Justice and received 120,000,000 won.

As a result, the Defendant acquired property benefits equivalent to KRW 120,000,000 in the purchase price of the sale right, and caused damages equivalent to KRW 102,820,000 to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G in the protocol concerning the examination of the police officers against the accused;

1. Statement of the police statement related to G;

1. Investigation report (verification of ownership relationship of real estate);

1. A report on investigation (clock with L of a witness);

1. Investigation report (to hear statements by complainants);

1. Receipts and receipts for deposits without passbooks;

1. Application of the Acts and subordinate statutes governing the financial transactions in question;

arrow