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(영문) 서울서부지방법원 2018.05.10 2017고합72
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a representative of “B” who deals with real estate-related affairs, such as real estate counseling, consulting, and investors’ door.

The Defendant, at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government around December 15, 201, at the Defendant’s office located in Gangnam-gu, Seoul, to the victim D, “The Seocho-gu Seoul Metropolitan Government F and G Multi-household Housing Construction Corporation (hereinafter “New Construction Corporation”) that is in progress by E, may pay 25% profits within seven months if the investment related to the said construction is made, and the Defendant will thoroughly manage the said construction by opening a separate account under his/her name and executing it only with the expenses related to the instant construction.

“The victim received KRW 800 million from the victim’s Escro (a trade protection service that mediates a third party to smoothly conduct commercial transactions when the credit relationship between the purchaser and the seller is uncertain) on the same day as the expenses incurred in relation to the new construction of the instant case from the victim, and received KRW 200 million from the victim on December 16, 201, and transferred KRW 200 million to the Escro account of the defendant on December 16, 201. The victim delivered KRW 200 million to the defendant (the 23th page of evidence record) to the extent that the defendant’s defense right is not problematic, and the criminal facts should be revised as above.

It received a total of one billion won.

However, the new construction land of this case is subject to a provisional attachment of approximately KRW 4 billion and approximately KRW 3.20 million, and even if the new construction construction of this case is completed, there may be difficulties in collecting the amount of investment and earnings of the injured party. The Defendant and the injured party stated in the above Sc contract that “the Defendant keep the documents of provisional registration for purchase and sale of E's goods, the letter of delegation for the receipt of the balance of sold goods, and the letter of delegation for sale in lots,” and later, when the construction of this case is completed and sold, the Defendant shall have the right to receive the sale price from E.

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