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(영문) 전주지방법원 정읍지원 2017.12.14 2017고단347
배임등
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Around January 18, 2010, Defendant A’s breach of trust entered into a real estate sales contract with I for a total of 8,251 square meters of land located in the former North Chang-gun, North Chang-gun, the Defendant owned, in a mutually influorial multiface of the trade name located in the former North Chang-gun, North Chang-gun, the Defendant.

The Defendant and the victim agreed on January 19, 2010 to exchange the intermediate payment of KRW 3 million on the date of the contract with the registration of transfer of ownership on the land in G and H, and to exchange the remainder of KRW 10 million with the registration of transfer of ownership on the land in the above F on February 28, 2010.

In accordance with the above agreement, the Defendant received 3 million won of down payment and intermediate payment 44 million won from the injured party pursuant to the said agreement, so there was a duty to receive the balance on the outstanding payment date and to perform the procedure to register the transfer of ownership of the land in F at the same time.

On August 24, 2016, the defendant, in violation of the above duties, prepared a real estate purchase and sale contract with the purport of selling the above F in 12 million won at the office of the Korean Certified Judicial scrivener in Jung-gu, Jung-gu, Seoul, to B, and completed the registration of the transfer of ownership of the above land at the office of the Jeonju District Court located in the village of Go Chang-gun, Chang-gun, Chang-gu, Chang-gu, Seoul, Seoul, around August 26, 2016.

As a result, the defendant had B gain a profit from the amount of the non-property and suffered a loss equivalent to the same amount as the victim.

2. When Defendant A, in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, was subject to a lawsuit claiming the transfer of ownership on the land in F from the above I, Defendant A concluded a trust agreement under the name of Defendant B with the intention to return the said land under the name of Defendant B, a group of land owners, and requested to change the name of the owner.

On August 24, 2016, the Defendants jointly held the buyer at the above K Certified Judicial Scriveners office.

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