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(영문) 부산지방법원 2016.01.14 2015고단2946
배임등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 2010, the Defendant and C in breach of trust were 8265mm2 (hereinafter “instant land”) owned by the victims from the victim D, E, F, G, H, I, J, K, K, and L, respectively, and 8265m2 (hereinafter “the instant land”).

On August 11, 2010, M, N,O, P, Q, R, and S were developed through the suspension work, and the victims' certificate of personal seal and certificate of personal seal impression were stored by delegation.

On August 31, 2010, the Defendant and C received KRW 70 million remaining after deducting KRW 10 million from T, while setting up a maximum amount of KRW 96 million with respect to the instant land without consent or delegation from the victims, in order to raise a joint loan construction fund, the Defendant and C received KRW 80 million with respect to the instant land.

Although the Defendant and C, 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 of division in the names of the victims is not impossible, the Defendant and C, in violation of their duty, acquired financial benefits equivalent to the value of the collateral by establishing a mortgage with the maximum amount of KRW 96 million for claims and at the same time suffered financial damage equivalent to the same time to the victims.

2. On March 6, 2013, the Defendant was present as a witness in the lawsuit claiming cancellation of the collateral against T by the said victims at the Changwon District Court (Seoul District Court Decision 428) located in the Changwon District Court (Seoul District Court Decision 2012Gadan176) of the said court in order to obtain punishment for perjury if he/she makes a false statement.

After being selected as "," the plaintiffs' representative "whether the witness will well gather because there was a specific talk between the plaintiffs and C".

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