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(영문) 대전지방법원 천안지원 2018.10.05 2017고단2862
배임
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal records] On November 23, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of eight months of imprisonment for breach of trust at the Daejeon District Court, and the said judgment became final and conclusive on December 1, 2017.

[2] Around June 13, 1991, the Defendant: (a) sold 300 square meters out of the land (which was subdivided into F, G, H, etc.) in Nam-gu, Chungcheongnam-gu, Seoul, where the development of hot spring site was anticipated to the victim D; and (b) paid 36 million won from the damaged party on September 17, 191; (c) on June 30, 1996, the Defendant continued to complete the registration of ownership transfer; (d) agreed to the victim on June 30, 1996, 400 square meters of the above F land subdivided into the victim’s ownership prior to the ownership; and (e) made the victim’s agreement to the effect that the land, such as the above G and H, which was subdivided into the above F, around March 15, 2006, was 200 square meters of the pertinent land (hereinafter “instant land”).

Accordingly, the Defendant had the duty to register the transfer of ownership over 120 square meters out of the instant land with the victim pursuant to the above sales contract and the additional agreement, but until September 207, the Defendant arbitrarily granted the victim the ownership over 104,269,284/431,972,748 (No. 56.838 square meters) out of the instant land’s share to the victim, for the remainder 115,86,927/431,972,748 (No. 63.162 square meters x 120 square meters - approximately 56.838 square meters of the ownership transfer - approximately 56.838 square meters of the instant land’s share ownership transfer to the victim, and arbitrarily granted the registration of the ownership over 327,703,464/461,788 of the instant land’s share ownership to the victim, and at least 327,7482,7816/6 of the instant trust market value (No 16867.7.6).7

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each real estate transaction agreement, receipt, pledge, and undertaking;

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