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(영문) 서울남부지방법원 2016.06.02 2016고정135
배임
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 20, 2014, the Defendant entered into a lease agreement with the victim E on 105 Dong 303 at the D office located in Gangseo-si, Gangnam-si, the Defendant owned, and agreed to make a registration of establishment of a lease on 10,000 won for the maximum claim amount of KRW 100,000,000 on the date of the contract and KRW 90,000 on June 15, 2014. On the date of payment of the remainder, the Defendant paid the contract amount of KRW 39,60,000,000,000,000,000, which was established on the said real estate, to the creditor, immediately after establishing a mortgage on 39,00,000 won for the claim amount of KRW 10,000,000,000,000 to the creditor.

On May 20, 2014, the Defendant received 10,000 won of down payment from the injured party, and received the same year.

6.2. Around June 2, 2014, at the time of cancelling the registration of establishment of a right to lease on a deposit basis with a creditor of the victim’s creditor upon payment of a balance of KRW 90 million, without completing the registration of establishment of a right to lease on a deposit basis in violation of the duty, and at the same time, the registration of establishment of a right to lease on a deposit basis was cancelled in violation of the said duty by the Gangwon District Court’s Gangwon Branch Branch Support Registry, which made the creditor of the said bank, and at the same time, at the same time completing the registration of establishment of a new right to lease on a deposit basis with the maximum amount of KRW 6461,00,000, the difference between the amount secured by the existing right to lease on a deposit basis and the amount secured by the existing right

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes governing a certified copy of apartment register;

1. Article 355 of the Criminal Act applicable to the crime and Article 355 (2) and Article 355 (1) of the Criminal Act (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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