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(영문) 서울동부지방법원 2015.02.12 2014고단3038
배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From March 1, 2008 to December 31, 2013, the defendant was the representative director of the Dispute Resolution Co., Ltd., and from August 1, 2008 to August 31, 201, the defendant constructed and sold 35 factory buildings in four lots of factory sites such as Won-si D from August 208.

On October 19, 2010, the Defendant: (a) around October 19, 2010, at the original floco cafeteria located on the Hosi Lake-si, the Defendant entered into a sales contract with the Defendant to deliver the documents required for the registration of ownership transfer to the victim immediately upon completion of the construction of the factory; (b) G and the sale price on behalf of the victim F for the factory to be constructed within 547.2m2m2 in the original floco Do-si, the Defendant: (c) KRW 183 million; (d) KRW 1 million on October 20 of the same year; (e) KRW 20 million after the completion of the construction; and (e) KRW 162 million after the completion of the construction of the factory; and (e) the Defendant entered into a sales contract with the victim to deliver the documents required for the registration of ownership transfer to the victim immediately after the reorganization of the register is completed.

Pursuant to the above agreement, the Defendant received one million won as down payment from the victim on October 20 of the same year, and received KRW 10 million from the intermediate payment of KRW 20 million on November 5 of the same year, and the remainder intermediate payment of KRW 10 million was offset by the Defendant’s obligation to pay KRW 10 million to H who was the former owner of the factory site.

In addition, the Defendant entered into a sales contract with G on behalf of the victim and with G on behalf of the victim about 9 factories constructed within 549.3 square meters of the above land for a factory in the above 549.3 square meters from December 6, 2010 and entered into a sales contract with the purchase price of KRW 188,1140,000,000,000, out of the down payment and intermediate payment of KRW 2 million from the victim on the same day, and received KRW 10,000,000 from the victim on April 25, 201.

Therefore, the duty of the defendant to build a factory of 8 and 9 and organize the land register such as the divisional registration, and to implement the registration procedure for transfer of ownership of the above factory site and factory to the victim was generated.

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