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Reasons
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(영문) 서울남부지방법원 2018.11.21 2017고단473
배임
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

B around April 11, 2013, the victim C and Chungcheongbuk-si D and E entered into a sales contract with the seller B and the buyer as the victim, and the victim paid KRW 100 million to B as the down payment and the intermediate payment.

The father F of the defendant was awarded a contract on September 16, 2013 for the construction of two sublets on the above site from the damaged person, but the damaged person while performing construction works did not perform his/her contractual obligation.

I think, I would like to find solutions to the defendant, who is I think.

Accordingly, the Defendant entered into a “sale and construction contract” on the above site B around November 27, 2013. However, on April 11, 2013, the victim applied for a disposition of the price of the disposal of the said site on the ground that the purchase and sale contract was the cause of the claim, and received a disposition of the disposition of the price of the disposal of the said site on April 14, 2014.

B and F agreed on June 2, 2014, on the condition that the victim and the injured party applied for the rescission of the execution of the disposition of the disposition of the disposition of the gold, B and F transferred the victim’s ownership of the G L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L

However, on September 22, 2014, the Defendant entered into a “contract on the succession to the sale of a building” with B and succeeded to the obligation to register the transfer of ownership to the victims, etc. of B instead of acquiring the owner’s name from B to B. However, the Defendant had a duty to transfer the ownership of the loan of this case to the victim.

Nevertheless, on November 19, 2014, the Defendant violated his duty and registered the preservation of ownership with respect to the lending G of this case.

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