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(영문) 춘천지방법원 2019.02.21 2018고단813
배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment in the Seoul Central District Court for four months, and the judgment became final and conclusive on September 29, 2017.

The Defendant is a person who operates an agricultural company C Co., Ltd. (hereinafter referred to as “company”) located in Seosan-si B.

1. On May 31, 2016, the Defendant concluded a sales contract with the victim E for a share equivalent to KRW 825 square meters (2.50 square meters) out of KRW 30,096 square meters in Seosan-si, a company owned by the victim E at the office located in Gangnam-gu Seoul Metropolitan Government, and agreed to implement procedures for the registration of ownership transfer at the same time as the payment is made in full.

Pursuant to the above agreement, the Defendant: (a) on May 31, 2016, KRW 13 million from the victim; and (b) on the same year.

6. Since the full purchase price of KRW 32 million, including KRW 19 million, was received, the duty to immediately implement the procedure for the registration of ownership transfer to the victim was incurred.

On June 2016, the Defendant sold a total of 3,140 square meters of equity remaining 3,480 square meters owned by the Company to G, H and I, and completed the registration of ownership transfer on July 5, 2016.

Accordingly, the defendant acquired the above share market price of 32 million won and suffered the victim's property damage equivalent to the same amount.

2. On May 31, 2016, the Defendant concluded a sales contract with the victim J on an amount equivalent to KRW 30,096 square meters (100 square meters) out of KRW 30,096 square meters in Seosan-si, a company owned by the company, and agreed to implement procedures for the registration of ownership transfer at the same time as the payment is paid in full.

The defendant received two million won in advance from the victim on May 20, 2016 in accordance with the above agreement and received the same year from the victim.

6. Since the full amount of KRW 1,274,00,000, such as receiving KRW 1,0740,000, was collected, the duty to immediately implement the procedure for the registration of ownership transfer to the victim was incurred.

In violation of the above duties, the Defendant is a company around June 2016, as described in paragraph (1).

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