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(영문) 울산지방법원 2018.08.14 2017고단2056
배임등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Criminal facts

"2017 Highest 2056"

1. The Defendant is the representative of F, and is the representative of private business chain G (representative H) in charge of the construction and sale of I apartment houses in Ulsan-gun, Ulsan-gun, which are newly constructed in the name of G, and the above H loaned the Defendant’s name to the above G business operator.

On February 12, 2016, the Defendant entered into a sales contract with the victim L(48 tax) for the area of 901 (72.974 cubic meters) of the said I building (72.974 cubic meters) around Ulsan-gun, Ulsan-gun, U.S., and received KRW 10 million as the down payment in the same month from the damaged party, and received KRW 150 million as the Busan Bank Account (Account Number M) in the above G as the down payment in the same month. On March 8, 2016, the Defendant received KRW 140 million as the remainder payment, and obtained the completion permission for the said I building on November 17, 2016. Thus, the Defendant first completed the registration of the preservation of the ownership to the victim and performed the registration procedure for the transfer of ownership.

On November 17, 2016, the defendant violated the above duties and completed the preservation registration under the above H name with respect to the above 901 on November 17, 2016, and was given a loan from the Ulsan Indosan National University, etc. in the above Kuyang-si, and offered the above 901 as security and had the above Ulsan Ssan National University, etc. complete the registration of the transfer of ownership in the international asset trust agreement with respect to the above 901.

Accordingly, the Defendant, in collusion with the above H, acquired property benefits equivalent to KRW 150 million in the market value of the above real estate and inflicted damages equivalent to the same amount on the victim.

"2017 Highest 4121"

2. The Defendant is a person engaged in construction business under the trade name “F”.

On May 2016, the Defendant made a false statement to the victim N with the purport that “When the Defendant borrowed 300 million won from the U.S.O., the Defendant borrowed 300 million won due to a shortage of construction funds, he/she would make payment without molding until November 20, 2016.”

However, the defendant at that time.

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