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(영문) 대구지방법원 경주지원 2014.01.28 2013고단501
배임
Text

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

Reasons

Punishment of the crime

Around April 30, 2012, the Defendant: (a) borrowed KRW 100 million from the “D” coffee shop located in Seocheon-si, Seocheon-si; (b) agreed to provide the victim E with collateral of B B B lending 301, 302 as construction cost; and (c) drafted a sales contract for the above 301 and 302; (d) if the victim is unable to repay the above debt to the victim, the Defendant had the duty to transfer the above 301 and 302 or to comply with the victim’s intent regarding the disposition.

Nevertheless, on November 27, 2012, the Defendant violated the above duties, thereby acquiring property benefits equivalent to KRW 100 million and causing damages equivalent to the same amount as the victim by granting F a registration of the right to claim ownership transfer against the above Nos. 301 and 302.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Copy of contract for sale in lots;

1. Application of Acts and subordinate statutes governing registration;

1. Relevant provisions of the Criminal Act and Article 355(2) and (1) of the Criminal Act (limited to the punishment imposed in consideration of the fact that the punishment for imprisonment is chosen and the amount of damage is not recovered even though it is considerable, and the statutory detention is not made in order to give an opportunity to agree on the crime);

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