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(영문) 대구지방법원 2018.11.27 2018고단2394
업무상배임
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Relationship between the Parties] The Defendant is Daegu-gu BBD (hereinafter “B”).

as the owner of the actual interest of the owner, who is engaged in the construction and sale of “B”.

C is a person who conducts construction and sale of “B” with the Defendant in partnership with the Defendant.

D is a sewage-based supplier who performed a single construction work in an amount equivalent to KRW 130 million in total from October 2016 to KRW 130 million in total.

Victim E is a person who lends 129 million won to D around March 30, 2013.

[2] The Defendant: (a) delivered one copy of the sales contract under the subparagraph F of “B” to the effect that the Defendant lent the contract for sales to C as security.

C On December 16, 2016, at the office of C located in Daegu-gu G, Daegu-gu, D, the intermediate payment of KRW 130 million among the total sales price of KRW 210,000,000,000,000,000,000 for the intermediate payment of KRW 13,000,000,000,000,000 won is offset against other construction costs, and the remaining amount of KRW 80,00

The victim received the right of sale from D on the same day as “B” on the same day under the pretext of the repayment of the substitute for the 129 million won lent to D.

C around December 19, 2016, paid KRW 50 million to the Defendant’s account under the name of the Defendant’s wife, and paid KRW 30 million to the Defendant’s account, and entered into a real estate sale contract with the victim with the victim for the purpose of changing the purchase of real estate into “I” of the said subparagraph, and received KRW 50 million from the victim to the Defendant’s account under the Defendant’s name of his wife H for the intermediate payment, and received KRW 180 million as the intermediate payment of the said real estate, and the Defendant received KRW 180 million as the intermediate payment of the said real estate from the victim to the Defendant’s account from the 20th of the same month from the date of the contract to the 20th of the same month. As such, the Defendant had a duty to perform the procedures for

Around March 24, 2017, the Defendant completed the registration of completion and the preservation of ownership in the name of H with respect to “B”, and completed the registration of trust with the J around March 31, 2017, and completed the registration of trust with the injured party as above.

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