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(영문) 수원지방법원 여주지원 2014.11.24 2013고단440
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant, in the name of the Ministry of Gyeonggi-gu around 2008, purchased D Apartment 302 Dong 601, and leased the above apartment to the victim E on October 12, 2010.

On October 12, 2010, at the G Licensed Real Estate Agent Office located in Gyeonggi-si F, the Defendant entered into a lease contract for the lease of the above apartment to the victim on October 29, 2010 through October 29, 2012, the Defendant paid the remainder of the above apartment, and notified the victim of the acquisition of ownership as soon as the ownership is transferred from the Korea Housing Promotion Corporation, and made the victim move-in report to the move-in report with the fixed date so that the Defendant can obtain opposing power next to the first collateral security of the creditor bank of the creditor bank, which made the loan of KRW 147 million to the Defendant with the fixed date.

The Defendant entered into the aforementioned lease agreement and received KRW 8 million from the victim on October 12, 2010, respectively, and KRW 72 million on October 29, 2010. Thus, despite the Defendant’s obligation to notify the victim of the acquisition of ownership in accordance with the terms and conditions of the agreement and to cooperate with the victim in acquiring the opposing power, the Defendant did not notify the victim of such fact even if he/she received the ownership transfer under the Defendant’s name of his/her wife on December 13, 2010. On December 13, 2010, the Defendant established the first priority collective security right of KRW 175 million with respect to the above apartment on December 13, 2010 (the maximum debt amount of KRW 75 million with the creditor H’s maximum debt amount of KRW 78 billion with the actual maximum debt amount of KRW 500,780,000,000,000,000 won with the remainder of the maximum debt amount of KRW 1.75 billion with the actual maximum debt amount of KRW 78.

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