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(영문) 전주지방법원 2016.06.16 2016고단381
배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant owned, under his husband’s name, the housing and housing site in Seojin-gu Seoul Special Metropolitan City was owned by the Defendant, and the housing and housing site were included in the housing site development zone implemented by the Land Development Corporation and resided there around 2010, and the Defendant granted the Defendant the right to be preferentially sold to the migrants within the project district by lot after completing the housing site development project due to the relocation measures under the Housing Site Development Act (hereinafter referred to as “resettled housing site sale right”).

The defendant, around October 14, 2010, entered the facts in the charge in the office of mutual non-certified judicial scrivener in Gwangju, and the victim D is the victim who acquired the right to sell the housing site of migrants from D as the victim.

However, it is reasonable to see that the victim entered into a contract for the transfer of the right to sell the housing site with the defendant.

A contract was entered into to transfer the ownership of the resettled housing site to KRW 42 million and received KRW 42 million from the victim D until October 18, 2010.

The defendant had a duty to take procedures such as changing the name of ownership of the victim D or a person designated by the victim for the benefit of the victim D when he/she sells the migrants' housing site in the land development project.

Around May 2015, the Defendant violated the foregoing duties and received the supply price of KRW 258 square meters for the land E site in Seoul Special Metropolitan City, Geumcheon-gu, Seoul Special Metropolitan City (the combined use of stores for migrants) from the Korea Land and Housing Corporation around May 1, 2015, KRW 121,780,000, and then received the sale right of migrants around July 1, 2015, and issued KRW 50 million from F.

Accordingly, the defendant acquired property benefits equivalent to 42 million won as the transfer price of the right to sell the housing site of migrants and caused property damage equivalent to the same amount to the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A notarial deed;

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