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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On November 24, 1998, the Defendant entered into a contract for construction of the remaining apartment building C in the form of a joint name with D, i.e., Gyeongnam-gun, Gyeongnam-gun, which was newly constructed at the National Foundation Construction, and entered into an agreement with D on November 24, 1998 to return the investment money when the construction was completed and the construction was paid after receiving an investment of KRW 60 million from the victim E, and to distribute
Since the completion of the above construction, the Defendant was unable to receive KRW 328 million for the construction cost from the above construction, and around August 2, 2007, the Defendant transferred 4 bonds, including the above C Apartment-dong, Nos. 201, 508, 1107, and 1207, in the form of payment in kind, from the Eiby Korea Co., Ltd., the owner of the above apartment, under the joint name of the Defendant and D, for the construction cost for the construction work.
The Defendant borrowed KRW 120,00,000 from No. 507 and 1207 of the above apartment bonds as collateral, and used the lease deposit amount of KRW 42,00,000 as construction cost for another construction site without returning the money to the victim even after the Defendant leased three bonds, such as No. 508, 1107, and 1207, among the above apartment houses. Accordingly, the Defendant was under statutory restraint on December 28, 2010, which was tried by the Busan District Court on December 28, 2010 on the charge of breach of trust against the victim.
2. When the Defendant had been legally detained as above, on January 26, 201, the Defendant drafted an agreement with the victim on the remaining 50 million won as to the lease or sale of the above apartment units 201 and 508 as to the remaining 55 million won when he returned only 5 million won to the victim at the Busan Detention House located in the Seo-dong, Busan, Busan, which was located in Busan, and around January 26, 201. As such, the duty to pay 55 million won out of the price was to be paid to the victim when the above apartment units are leased or sold.
On July 4, 2011, the Defendant violated the above duties, and July 7, 201, the above apartment No. 201 to F.