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(영문) 서울중앙지방법원 2016.08.18 2015고단4456
배임
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 1, 2010, the Defendant concluded a sales contract with the victim K to transfer the ownership of the said land to KRW 250 million, after the Defendant acquired ownership of the said land from the owner of the said land from the owner of the said land from the owner of the land at the office of the H (State) of the Defendant’s management of the Defendant located in G in Pakistan-si (State).

On September 1, 2010, the Defendant and the victim agreed to exchange documents necessary for the registration of ownership transfer with respect to the above land, including KRW 25 million, KRW 25 million in the first intermediate payment on September 8, 2010, KRW 50 million in the second intermediate payment on October 25, 2010, and KRW 150 million in the remainder on June 30, 201.

Pursuant to the agreement, the Defendant received KRW 25 million from the injured party on September 1, 2010, the first intermediate payment of KRW 25 million on September 8, 2010, the first intermediate payment of KRW 5 million on October 25, 2010, the second intermediate payment of KRW 50 million on October 25, 201, the amount of KRW 50 million out of the remainder on June 22, 201, and KRW 30 million out of the remainder on August 3, 201, respectively.

On the other hand, although the above land was designated as a land transaction permission zone on December 1, 2004, but the designation was cancelled on May 23, 2013, the defendant received the remainder of 65 million won from the injured party after May 23, 2013, and at the same time, there was a duty to implement the procedure for the registration of transfer of ownership to the victim.

Nevertheless, at the office of the defendant around June 27, 2014, the defendant violated the above duty and sold the above land to L in price of KRW 150 million. On July 22, 2014, the right to request the transfer of ownership of the above land was registered to L, and on August 29, 2014, the registration of the transfer of ownership of the above land was completed to L on August 29, 2014.

As a result, the Defendant acquired the financial benefits equivalent to KRW 250 million in the market price of the above land, and caused the victims with property damage equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness M and N (O);

1.Each prosecution of K and P.

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