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(영문) 광주지방법원 2016.07.28 2014고단1990
배임
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant was the actual owner of Etel with nine stories of the scale of 40 households constructed on the ground of 387.4 square meters in Gwangju-gu, Gwangju Metropolitan City, and the construction was suspended due to the shortage of construction cost due to the shortage of construction cost under the progress of the instant officetel structural frame up to seven stories on the ground.

Then, on November 23, 2012, the Defendant introduced the victim I (56 years of age) who is the owner of the instant land in Ansan-si and three lots of land (hereinafter “instant land”) at the cafeteria F, located in the Gwangju Mine-gu through G, a construction business operator, through G, and was transferred the instant land owned by the victim under the name of J as the sales price for officetels. Upon completion of construction of the instant officetel, the Defendant agreed to sell the instant officetel 505 and 605 (168,000,000 won) to the victim (hereinafter “instant exchange agreement”).

Accordingly, the Defendant entered the facts charged on December 7, 2012 as the facts charged on December 6, 2012. However, according to the entry of the certified copy of the real estate registry, the ownership was changed on December 7, 2012 to the effect that the ownership was changed on December 7, 2012.

Since the registration of transfer of ownership has been completed in the name of K, which is the Defendant’s branch, on the instant land, the said officetel was completed and the victim had the duty to register the transfer of ownership to the instant officetel, despite the existence of any duty to register the transfer of ownership to the instant officetel, the Plaintiff acquired pecuniary benefits equivalent to KRW 168,00,000 in the sale price for the instant officetel by transferring all of the ownership of the land located in the said D and the officetel buildings newly constructed on the said land to L Company M around May 12, 2013 in breach of his/her duty, and suffered economic loss equivalent to the said amount by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, G, N,O, and M;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Written contract for parcelling-out and written confirmation of full payment;

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