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1. Defendant A and B shall be punished by imprisonment with prison labor for up to eight months.
However, this judgment is delivered to the defendant A.
Reasons
Criminal facts
[Defendant A’s breach of trust against Defendant A and B] On October 2, 2006, Defendant A purchased the Yongsan-gu Seoul Metropolitan Government Housing Site and Ground Building (hereinafter “the instant real estate invested in the spot”) in the name of KRW 2.85 billion, and acquired the membership of the Urban Environment Improvement Project Association (hereinafter “the instant association”).
Defendant
A approved the management and disposal plan of the said redevelopment project around November 2008, based on the real estate invested in the instant project, A sold multi-family housing F (2,226,323,00 won) and sales facility G (1,128,702,50 won for sale) and H (49,952,000 won for sale; hereinafter “the instant commercial building”) on the basis of the real estate invested in the instant commercial building (hereinafter “new building”) newly constructed by the said project. On May 23, 2006, Defendant B entrusted the sale of the instant commercial building and multi-family housing (hereinafter “the sales facility and multi-family housing for sale”) to the association members of the association, who had been entrusted with the sale of the instant commercial building (hereinafter “the instant building”) on May 29, 2009.
On September 26, 2009, the injured party J (the age of 46) entered into a provisional contract with the content of purchasing KRW 574,944,800, including brokerage fees for the instant commercial building sales right, and entered into a sales contract with the same place on November 12, 2009 (hereinafter “instant sales contract”). Furthermore, according to the instant sales contract, the injured party transferred KRW 24,887,600 to the Defendant’s account under the name of the Defendant B, and subsequently, the injured party transferred KRW 24,87,60 to the Defendant’s account under the name of the Defendant Company A, KRW 20 million on January 20, 2010, KRW 5,107,600 on the 27th day of the same month, and KRW 607,600 on the 27th day of the same year.
3.2. 60 million won in the same year, 10 million won in the 9th day of the same month, and the same year.
6.4.19,90,400 won on April 19, 109, 109,90,400 won on the 18th day of the same month.