(영문) 서울서부지방법원 2012.10.31 2010고단2070

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(영문) 서울서부지방법원 2012.10.31 2010고단2070

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

On August 12, 2010, the Defendant was sentenced to a suspended sentence of four years and six months for attempted breach of trust at the Seoul Western District Court (Seoul Western District Court). On August 20, 2010, the said judgment became final and conclusive.

The Defendant, as the representative director of Seodaemun-gu Seoul Metropolitan Government H apartment construction company, was to receive payment in lieu of the above apartment construction cost from the above apartment reconstruction association, 201 through 204, and 304 regarding part of the construction cost of the above apartment, and agreed on March 19, 2008 to sell No. 304 to the J in KRW 200 million, and received KRW 130 million from J in the name of down payment and intermediate payment.

On March 24, 2008, the Defendant agreed to receive an investment of KRW 200 million from K as collateral of the above apartment units 201 through 204 and 304, and the double three households concluded an agreement with K to sell the apartment units to a buyer designated by K, and delegated K with the authority to conclude a sales contract for the above apartment units 201 through 204, and 304. The Defendant did not notify the above fact that the above 304 units had already been already sold but did not inform K of the fact that the above 304 units had already been already sold, and the Defendant did not obtain the above 30 million units of apartment units from the victim under the pretext of the above 304 units of G's house located in the Government-si of the Republic of Korea on March 28, 200, the Defendant did not sell the above 300 million units of apartment units to the victim within three months, but did not sell the above 300 million units of apartment units to the above 304 billion won or more.

4.3.40 million won, and KRW 80 million on the 30th of the same month, by having the above K transfer to obtain the same amount of pecuniary benefits.

Summary of Evidence

1. Part of the accused's legal statements in the third protocol of trial;

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