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(영문) 수원지방법원 여주지원 2016.11.08 2016고단891
배임
Text

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

From around 1996, the Defendant purchased neighboring forests and fields B, divided the above forests and fields, and developed and sold them as the site for electric source housing.

On April 22, 1996, the Defendant entered into a contract with the victim C to sell 4,950,000 square meters of D forest land (including the common area) in Namyang-si, Namyang-si, and completed the registration of ownership transfer for the said D forest land (exclusive area) with the victim.

Since the Defendant received the entire sale price from the victim around that time, the Defendant had duties to complete the registration of ownership transfer with respect to the portion equivalent to 68 square meters of the common area that the victim purchased as the road site (hereinafter “road site of this case”) of E, F, G, and H4 neighboring Nam-si, Nam-si, the Defendant promised pursuant to the above contract.

Nevertheless, on May 26, 2011, the Defendant, in violation of the above duties, provided the instant road site as joint collateral with other real estate owned by the Defendant, and established a collateral worth of KRW 800 million equivalent to the maximum debt amount of KRW 3,141,600 on the instant road site by creating a collateral security right equivalent to the maximum debt amount of KRW 3,141,600 on the instant road site as a creditor, thereby incurring property damage equivalent to the said amount to the victim while acquiring property gains in relation to the instant road site in violation of the duty of the victims who purchased shares in the instant road site from the Defendant in violation of the same manner as indicated in the list of crimes in the attached list of crimes, and around May 26, 2011, established a collateral security right to the instant road site to I, thereby obtaining property gains equivalent to KRW 43,843,800 on the aggregate and causing property damage equivalent to the said amount to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to J and K;

1. Each statement of J, L, M, C, N,O, P, Q, R and S;

1. Each complaint;

1. A sales contract;

1.Each.

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