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(영문) 부산지방법원 2014.11.06 2014고단4388
배임
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 20, 2013, the Defendant entered into a contract with the victim F and the defendant to exchange four real estate, including the victim F and the Busan Southern-gu G, H land and one half shares of the building and the land owned by the defendant, and the contract to exchange I, J, K, L, and M sites with the victim, and around the 23th of the same month, the Defendant entered into a contract at the above place to exchange the Ppenta located outside of N and nine lots of land owned by N and N, Busan-gu Q apartment 1305, Busan-gu, Busan-gu, Busan-gu, Q apartment 1305, 502, and the above victim F with the Busan-gu, Busan-gu, Busan-gu, and I, J, K, L, and M land owned by the victim.

Around March 6, 2013, the Defendant received a registration of transfer of ownership from the victim under the name of N as designated by the Defendant according to the contract with the victim for exchange with the victim, the Defendant breached his/her duty and completed a sale contract for KRW 19 million with respect to the part of the victim of the Nam-gu G, Busan, H land and building owned by the Defendant, and the part of the victim of the building, and completed the registration of transfer of ownership on or around October 25, 2013. On November 14, 2013, the Defendant concluded a sale contract for KRW 19 million with respect to the part of the land and building in Nam-gu, Busan and Busan, and completed the registration of transfer of ownership on or around November 14, 2013, and completed the registration of transfer of ownership for one half of the land and building in the aggregate amount of KRW 58 million with respect to the victim's property damage.

Summary of Evidence

1. Each part of the witness F, N, U, and V’s statements;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to F and N;

1. A complaint;

1. Application of Acts and subordinate statutes to certified copies of register and letter of undertaking;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The criminal defendant under Article 62(1) of the Criminal Act has the history of criminal punishment.

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