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(영문) 전주지방법원 2016.07.22 2015고단1337
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 5, 2014, the Defendant is the representative director of the limited company C located in the Ysan-gu, Busan-si, Seoul-si, and the limited company C is the executor who newly built and sold the YY-gu D apartment in the Jeonju-si.

Around December 12, 2012, E and E newly built the above D apartment, and upon completion, a limited company C entered into a contract with E to transfer the ownership of the seven generation, including the above D apartment F, to E, a limited company, instead of the payment of the balance.

Meanwhile, on October 20, 2012, E Co., Ltd. entered into a contract for the repayment of goods to G during the period of transferring the ownership of the above D apartment F to G in lieu of the payment of the construction price. On the same day, G became a purchaser of the above F F by entering into a contract for the sale of goods to the said limited company C, the buyer of the said G, and preparing the sale contract for the said F F.

After all, on February 1, 2013, G entered into a contract on the repayment of property to the victim H to transfer the ownership of the above F to the victim H in lieu of payment of KRW 154,500,000,000, and transferred the status of the buyer, and obtained approval from the company C with limited liability for the transfer of the status of the buyer.

Therefore, at the same time, the defendant had the duty to perform the registration procedure for the transfer of ownership to the victim with respect to the above F F F F F F.

Nevertheless, on March 27, 2014, the Defendant violated his duties and registered the preservation of ownership of the above F subparagraph at the Jeonjin-gu Seoul District Court's Jeonjin-gu Seoul District Court's Jeonjin-gu Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's 25, and registered the establishment of the right to collateral security with the maximum amount of the above F subparagraph at KRW 116.4 million on the same day, with limited liability of the debtor C, and with the J Association with the debtor C, the person who established the right to collateral security, as

Accordingly, the defendant obtained the above J Union's profit equivalent to the above claim amount, and the victim suffered a loss equivalent to the above claim amount.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness K’s legal statement 1.

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