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(영문) 의정부지방법원 2016.02.17 2013고단557
배임등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant C shall be punished by a fine of four million won, respectively.

Defendant

C The above fine.

Reasons

Punishment of the crime

[2013 senior group 557] - Defendant A is the representative director of the I Co., Ltd. aiming at real estate business.

On November 23, 2009, the Defendant entered into a sales contract with the victim for the land No. 937§³, No. 34,217 square meters (hereinafter “the instant forest”) divided into K Forest and L Forest and L Forest and December 9, 2009. The Defendant entered into a sales contract with the victim for the instant land No. 5 (the instant forest land purchased, 937 square meters, 34,217 shares, hereinafter “the instant land”).

On October 26, 2009, the Defendant and the victim entered into an agreement to register the transfer of ownership of the forest of this case with respect to the land of this case and complete the individual registration after the partition of the jointly owned property, by converting the remainder of KRW 20 million paid at the time of the forest sale and purchase contract for the forest of Chuncheon City, and KRW 20 million paid on November 10, 2009 into the down payment and remainder as to the above sale and purchase contract.

According to the above agreement, the defendant had the duty to register the ownership transfer with respect to the above shares of the forest land of this case to the victim, and to implement the procedure for the partition registration with respect to the land of this case.

However, on December 18, 2009, the Defendant violated the above duties and completed the registration of the establishment of a collateral security with respect to the forest of this case at issue by obtaining a loan of KRW 70,000,000 in the name of the Defendant Company I under the name of Hyeong-gun, Dyeong-gu, Dyeong-gun, Dyeong-gun, Gyeong-gun, Dyeong-gun, and completed the registration of the establishment of a collateral security with respect to the forest of this case at issue from the Defendant Company I,

As a result, the defendant acquired property benefits equivalent to 937/217/217 of the maximum amount of the above bonds, and suffered damages equivalent to the same amount to the victim.

[2013 Highest 1471] - Defendant A is a person who operates a planning real estate company called "I" in the dispute resolution committee.

On February 2, 2012, the Defendant divided the land located in Hongcheon-gun P, Gangwon-do into seven persons in order to trade the land to the victim's O (63 tax) in a non-permanent area.

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