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(영문) 대전지방법원 2014.02.19 2013고단433
배임등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 8, 2013, the Defendant was sentenced to two years of imprisonment and three years of suspended execution in Busan District Court for fraud, etc., and is the representative of C of a corporation established on September 7, 2013 for real estate sales, etc.

1. On July 27, 2009, the Defendant in breach of trust against the victim D sold 10,000 won to the victim, among the 99 households of Gtel located in Busan-gu, Busan-gu, Busan-gu, and 801, 802, 803, 804, 805, 806, 807, 808, and 809, the purchase price of 10,000 won to the victim. The Defendant settled the amount invested or borrowed from the existing victim to KRW 40,00,00,000,000,000,000 won, and the Defendant settled the lien on Gtel after payment of the successful bid price, and concluded a sales contract with the victim to transfer the ownership of the above 10,00,000 officetels after settling the ownership of the instant real estate to the victim.

After all, the Defendant paid the successful bid price from around August 4, 2009 to August 13, 2009, and completed the registration of ownership transfer to C. The Defendant entered into a lease agreement with each lessee of the instant real estate from around September 1, 2009 to October 17, 2009 with a sum of KRW 100 million, and KRW 4 million in total, and KRW 100,000,000 in monthly rent, and ordered 10 rooms in the instant officetel.

On the other hand, on November 5, 2009, the Defendant determined that the purchase price of 10 units of the said officetel and all kinds of expenses, such as lien and remodeling expenses, shall be KRW 474 million in total, and the amount paid by the victim shall be KRW 474 million in total, and the amount paid by the victim shall be KRW 22,40,000,000,000,000,000 considering other obligations, etc., shall be paid to the victim.

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