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(영문) 춘천지방법원 원주지원 2013.08.28 2012고단416
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 11, 2010, the victim Hoho International Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") acquired the real ownership of the above apartment by entering into a sales agency and a sales contract for the "D apartment in Gwangjuyang-si" owned by the applicant tourism (hereinafter referred to as the "self-tourism"). In the case of the preferential sale of each unit of the above apartment, which is a leased apartment, to the existing lessee, the apartment was sold in the name of the applicant tourism, and in the case of the general sale for the general public, the apartment was sold in the name of the victim company after completing the registration of ownership transfer, and the defendant was delegated by the victim company to sell the above apartment after the completion of the registration of ownership transfer to the victim company.

Since the defendant was in charge of the sales business of the victim company, in general, there was a duty to sell the shares by receiving the down payment, the balance of sales, etc. from the victim company and completing the registration of ownership transfer from the victim company.

1. On September 28, 201, the Defendant violated the above duties, and acquired the remainder of KRW 173,642,00 [the remainder of KRW 16: 19,869,00 x 6] (the remainder of KRW 24: 27,214,00 x 20 x 200 x x 27,200 x x 2021, 1115, 1115, 1721, 2221, 243, 1302, 1304, and 240 x 173,642,00 from E [the sum of KRW 16 x 6 x 19,869,00 x 6] (the sum of KRW 24 x 27,214,00 x 2] from the victim’s property interest to E-171,201].

2. The Defendant violates the above duties at the same time and at the same place as the preceding paragraph.

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