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(영문) 수원지방법원 2018.07.12 2017고정2071
절도등
Text

Defendant

B shall be punished by a fine of 300,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

A is 4 parcels, such as E, F, G, and H-owned land I (hereinafter referred to as “the instant real estate”).

It is an investor of an officetel implementation project in progress, and the defendant B has supported the purchase work of the above land.

A and Defendant B prepared an investment agreement with the victim on August 2016 with respect to the said implementation project, and around August 23, 2016 to August 24, 2016, written a written agreement on the sale and purchase of the instant real estate and written consent on the use of the land with the owner of the said land.

In the process, Defendant B’s written consent to land transaction with the victim on August 24, 2016 (hereinafter “the land transaction contract of this case and the written consent to land use”) with respect to land use of this case with respect to land transaction contract with respect to land address I prepared by the victim with H on August 24, 2016.

J Receiving real estate and keeping it in custody.

Defendant

B On August 27, 2018, on the ground that the investment agreement with the victim is unfair, B consulted to the effect that the existing investors and the owners of the land will abolish the existing investment agreement, the land transaction agreement, and the new land transaction agreement, etc. and re-preparation the new land transaction agreement, etc. in a state where the remaining investors except the victim and the victims were excluded through meetings with the victim.

After September 2016, Defendant B received a request from the injured party to bring the instant land purchase and sale contract and the written consent to land use from the injured party. However, Defendant B stored this in the Defendant’s depository and concealed the documents of the injured party.

Summary of Evidence

1. The defendant B's partial statement

1. Recording of witness D's statements in the third public trial records;

1. A protocol concerning the examination of suspect of H (two times);

1. Statement made by the police with D (as of September 27, 2016);

1. A criminal investigation report (Submission of data by a complainant);

1. Six minutes of meeting with respect to a copy of the investment agreement, a copy of the land transaction agreement, or Ktel (Defendant B shall keep the land transaction agreement and the written consent for land use with and without the consent of the J real estate.

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