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(영문) 수원지방법원 여주지원 2016.04.27 2015고단935
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On October 28, 201, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul High Court, and three years of suspended execution, and the above judgment became final and conclusive around that time.

[2] On April 19, 2006, the Defendant entered into a sales contract with the victim for the size of 56.1 square meters of 530 square meters and 56.1 square meters of 412 square meters of 530 square meters and 56.1 square meters of 6.1 square meters of 202 square meters of Ma

The Defendant and the victim agreed to receive 17,700,000 won (80,500,000 won for the above E, and 37,200,000 won for the above F) in total, including the down payment of KRW 10,00,000 on the day of the contract, the intermediate payment of KRW 50,000 on April 27, 2006, and the balance of KRW 57,00,000 on May 10, 206, and the above amount of KRW 117,70,000 for the above F, and the above amount of KRW 37,20,000 for the above F), but to complete the registration of ownership transfer on a road.

The Defendant received down payment of KRW 10 million from the injured party under the agreement, immediately, and deposited KRW 58,732,00 in the new bank account of the Defendant on May 9, 2006; KRW 50 million on May 10, 2006; KRW 40 million on May 24, 2006; KRW 8 million on June 27, 2006; KRW 10,732,00 on August 17, 2006; and KRW 58,732,00 in the aggregate in the name of the balance and taxes; and on March 23, 2009, the land category of KRW 412 square meters prior to the FF was changed into a road; and upon completing the registration of ownership transfer to the injured party, the ownership was reduced.

On April 24, 2009, the Defendant, in violation of the above duties, sold to I 32/412, 59/412, 28/412, to L 28/412, to M 3/412, 33/412, and N 51/412, respectively, and completed the registration of ownership transfer on April 29, 2009; sold 159/412 to J around August 25, 2009; completed the registration of ownership transfer on September 2, 2009; completed the registration of ownership transfer; completed the registration of ownership transfer on September 2, 2009; completed the registration of ownership transfer to 390/412, and completed the registration of ownership transfer to O on July 8, 2010 on the remainder of shares.

As a result, the Defendant acquired financial benefits equivalent to KRW 37,200,000 from the above F, of KRW 56.1/412.

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