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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On August 2, 2011, the Defendant was sentenced to one year to six months of imprisonment with prison labor for breach of trust in the Incheon District Court Branch Branch of the Incheon District Court on September 10, 201, and the said judgment was finalized on September 10, 201. On November 20, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor for breach of trust in the same court on November 20, 201, and the said judgment became final and conclusive on December 23,
The defendant is the representative director of the corporation D established for the purpose of enforcement agency business, real estate sale, lease, public relations business, etc. of the building 402 in Ysan-si, Ansan-si, Gyeonggi-si, and D carried out the business by dividing the 11th floor Etel 1101 in the studur-si, Seocheon-si, Gyeonggi-si, Gyeonggi-do.
Around March 14, 2010, the Defendant entered into a sales contract with the victim F and the victim for sale of the studio A-8 from among the buildings 1101, and 21.41mm2 from among the sale area of the building No. 1101m2 (hereinafter “instant studioel”) for the purchase price of at least 69m2,000 won on the same day and around March 17, 2010, under the name of the down payment around April 20, 2010 and the down payment of KRW 27 million from May 15, 2010 and the remainder payment of KRW 69 million from June 16, 2010, respectively.
As above, the Defendant received the total purchase price from the victim, and thus, there was a duty to transfer the full ownership of the studs of this case to the victim without any restriction.
Nevertheless, on May 25, 2010, the Defendant borrowed an amount equivalent to KRW 300 million from G Co., Ltd. around May 25, 2010, and completed the registration of creation of a mortgage equivalent to the maximum amount of KRW 450 million in the name of the above E Co., Ltd. G Co., Ltd. No. 1101, thereby obtaining pecuniary benefits equivalent to KRW 69 million and causing damages equivalent to the same amount to the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. A certified real estate register, sales contract, certificate of deposit, and loan contract;
1. Previous convictions in judgment: criminal records and references;