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(영문) 부산지방법원 2016.04.15 2014고단5972
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 10, 1994, the Defendant sold 432 square meters out of 1,494 square meters to the victim D, E, and six other persons owned by the Defendant, the Gangseo-gu Busan Metropolitan Government, which was the Defendant, and received the payment in full and received the payment and performed the procedure for the registration of transfer of ownership to the victims.

Nevertheless, on February 9, 2009, the defendant violated the above duties and completed the registration of establishment of the right to collateral security with respect to the above real estate at the Busan District Court Gangseo-gu registry office.

Accordingly, the Defendant acquired the financial benefits equivalent to KRW 100 million of the secured debt amount of the above real estate, and caused the same damages to the victims.

Summary of Evidence

1. Each legal statement of witness D, E, H, and I;

1. Each statement made to D, E, H, and I;

1. A complaint, a certified copy of the registry of real estate, a real estate transaction contract, a provisional survey, a plan for cadastral division (No. 6 times a year), a contract for creation of collateral security, and a voluntary application for auction of real estate;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 355(2) and (1) of the relevant Article of the Criminal Act regarding criminal facts, grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] 2 types (one to three years) in the basic area (one to one year), (one to three years), and there is no person who has no special sentencing [the decision of sentencing] [the decision of sentencing] larger damage and no damage has been recovered, so imprisonment shall be sentenced.

Provided, That all circumstances, such as age, environment, health, family relationship, etc. of defendants shall be taken into consideration.

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