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(영문) 의정부지방법원 고양지원 2015.01.07 2012고단1726
배임등
Text

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

Reasons

Punishment of the crime

[2012 Highest 1726]

1. Around December 13, 2011, the Defendant received documents for the E E E E-coo vehicle and for the transfer of the victim’s name at the 108-dong, Yongsan-gu, Yongsan-gu, Seoyang-gu, Seoyang-gu, 757 parking lot for the 108-dong, Seoyang-gu, Seoyang-gu, 201 at the victim D’s request and received the documents equivalent to KRW 50,000,000 in the market value leased by Hyundai Capital Co., Ltd.

In such a case, the Defendant provided F with the above vehicle as collateral and acquired financial benefits equivalent to KRW 30 million,00,000, even though he/she had a duty to cooperate in the business of transferring the name of the victim by finding the person to take over the Ecoo vehicle for the victim, etc., on March 15, 2012.

[2013 Highest 876]

2. On October 20, 201, the Defendant made a false statement to the victim’s “I restaurant” in the “I restaurant operated by the Victim H in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul.” that “The Defendant would pay the victim KRW 40 million as the principal and the profits of KRW 40 million as well as the principal and the profits of KRW 20 million as the profits of the company, with the remainder of the company’s possession after selling the Seo Sea Construction in the Dong-gu new city. However, the amount of the company’s possession to the 50% price of the selling price and selling the shares to the 60% price.”

However, in fact, since the above Yellow 2nd main apartment sales business was already completed, the defendant did not have any intention or ability to distribute the profit by investing in the apartment sales business even if the defendant received the sales price from the victim.

After all, the Defendant, as above, by deceiving the victim and deceiving it from the victim on October 26, 201, acquired 200 million won from the victim as the apartment sale price.

3. On January 5, 2012, the Defendant shows the victim K office in Songpa-gu Seoul Songpa-gu Seoul Songpa-gu drawings of a deep-sea terminal to the victim, and “a person who terminates a shopping terminal contract due to a problem in a deep-sea terminal” is sold in lots.

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