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(영문) 수원지방법원 성남지원 2016.10.21 2016고단1184
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not impede the guarantee of defendant's right to defense, the following changes shall be recognized as follows:

On November 17, 2012, the Defendant concluded a sales contract with the victim G (year 41) and the total purchase amount of KRW 3,90,000,000 on the date of the contract, and agreed to receive KRW 195,50,00,000 as the remainder payment on the date of the contract, and to receive KRW 195,50,000,000 as the remainder payment on the remainder payment date by paying KRW 39,50,000,000,000 as the remainder payment on the electric source housing and access road and 352,000,0000,000,000 won as the remainder payment on the transaction date, among KRW 352,52,000,000,000 from among KRW 49,50,50,000,000 as the ownership transfer registration for shares in the previous house and access road.

On November 20, 2012, the Defendant: (a) concluded a sales contract with the victim J(s) for a total of KRW 4.10 million on the date of the contract; (b) received the down payment amount of KRW 40 million on December 10, 2012, the intermediate payment of KRW 72 million on December 10, 2012; and (c) received the remainder of KRW 298 million on December 31, 2012, from the ownership transfer registration documents and repaid the ownership transfer registration documents on December 31, 2012, and entered into an agreement with the Plaintiff for a total of KRW 3525/352 square meters on December 35, 205 of the above access roads; and (d) concluded the contract with the Plaintiff for a total of KRW 4.5 million on December 35, 2015.

The Defendant received both the down payment, intermediate payment and the remainder from the victims in accordance with the foregoing agreement, and completed the registration of ownership transfer for each unit of housing subject to sale on January 8, 2013, and completed another unit of housing construction project that was in progress in the vicinity on January 17, 2013, the Defendant received KRW 98 million from the victims.

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