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(영문) 수원지방법원 2014.12.10 2014고단5892
배임
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 14, 2011, the Defendant entered into a sales contract with the victim D's office located in Seocho-gu Seoul Metropolitan Government with the maximum debt amount of KRW 102,301,000,000,000,000,000 won, including the down payment of KRW 1,50,000,000,00,000,000,000,000,000,000 won, as the down payment of KRW 3,000,000,000,000,000,000,000 won, as the down payment of KRW 1,50,000,000,000,000,000,000,000 won, as the part of intermediate payment of KRW 2,01,000,000,000,000,000,00 won; and

Accordingly, the Defendant acquired the pecuniary advantage equivalent to the maximum debt amount, in violation of his duty, and caused the victim a loss equivalent to the equivalent amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A real estate sales contract;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Special Sentencing (Special Sentencing) mitigated factors: In cases where the mitigated factors are not deemed to have been mitigated, or where significant damage has been recovered (general Sentencing factors): Six months to two years in cases where it is not embezzlement or breach of trust in the course of performing duties (the scope of recommending punishment)

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