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(영문) 제주지방법원 2020.04.09 2019고단1959
업무상배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On July 16, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Licensed Real Estate Agents Act at the Jeju District Court on August 25, 2019 and the said judgment became final and conclusive on July 25, 2019.

The Defendant, from February 2, 2016 to carry out a development project by constructing and selling commercial buildings together with B, established a victim-based company (hereinafter “victim company”) which is the representative director B, and by delegation from B, has been in charge of concluding a contract for the purchase and sale of land necessary for the development project.

In purchasing land in the name of a victimized company, the Defendant, despite the fact that there was an occupational duty to have the victimized company pay the purchase price through consultation at a reasonable price, prepared a contract as if the sum of the purchase price under the name of brokerage commission was agreed to be the purchase price, and had the seller receive and pay the purchase price under the name of brokerage commission.

Therefore, the Defendant appears to be a clerical error in the facts charged in the indictment in 2016, although it appears to be “2019.” As such, it shall be corrected and recognized as above. On February 29, 201, when entering into a sales contract on D and E’s own forest land (hereinafter “the subject matter of the instant sales”) at the Busan-gu Real Estate Brokerage Office, Seo-gu, Busan-gu, and D and E (hereinafter “the subject matter of the instant sales”), it shall be KRW 2,716,470,00,000, and the purchase price shall be KRW 100,000,000,000 shall be KRW 2.716,716,70,000,000,000 in the form of brokerage commission, and upon receiving the payment of the purchase price, the Defendant shall enter the sales contract with D and E as KRW 2.71,64,770,00,000 in the name of H bank as of the same day to transfer KRW 15,716.2.76.7.

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