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(영문) 대구지방법원 2021.01.13 2020고단915
배임
Text

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

On January 8, 2020, the Defendant filed an appeal with the Daegu District Court sentenced one year and two years of suspended execution to a violation of the Game Industry Promotion Act, and is still pending in the appellate trial.

The Defendant is a person who newly built “C Stud D” in the 3 lots of Yongcheon-si, Yongcheon-si, etc., and is the actual owner of “C Stud D” above.

On June 23, 2014, the Defendant sold “C Stud D” to the Victim E and his mother F, in the purchase price of KRW 500 million. The Defendant entered into a sales contract with the content that the victims will succeed to the Defendant’s obligation, and that the victims will succeed to the Defendant’s obligation. The contract amount of KRW 20 million in the intermediate payment of KRW 10 million is paid at the time of the contract. The Defendant received KRW 30 million in the intermediate payment of KRW 30 million on June 30, 2014 and delivered in September 19, 2014. The Defendant received KRW 210 million in the remainder and delivered in September 22, 2014, and concluded the sales contract with the victims that the victims will succeed to the Defendant’s obligation.

On June 23, 2014, the Defendant received each down payment of KRW 20 million and KRW 10 million on June 30, 2014 according to the above contract. The Defendant received the remainder of KRW 240 million, and at the same time, registered the transfer of ownership to the victim, and there was a duty not to sell the said “Cudio D” to others or make any disposal such as the creation of security.

Nevertheless, as a security for borrowing KRW 30 million from G on July 24, 2014 in violation of the foregoing duties, the Defendant: (a) completed the registration of establishment of the right to collateral security with the content of “C Studio D” as “C Studio D; (b) the obligor: (c) the obligor; and (d) the mortgagee; (b) the mortgagee; (c) the mortgagee; (d) the mortgagee; and (e) the mortgagee; and (e) the mortgagee; (c) thereby, obtained pecuniary benefits equivalent to KRW 30 million with the value of collateral; and (d) suffered financial loss equivalent to

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of studio sales contract, and the application of statutes governing a certified copy of real estate registry;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts (the choice of imprisonment).

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