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(영문) 창원지방법원 진주지원 2016.06.15 2015고단1331
배임
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. From around 1999, the Defendant: (a) from around Jeju-si to Jeju-si to operate a real estate sales office in the name of “D”; and (b) from Seopo-si to Seopo-si to Seopo-si, the Defendant owned by the Defendant, in order to divide the land category of the F in Seopo-si to the road to sell the land for the entire site; (c) the access road is to be established by changing the land category of the F in Seopo-si to the road; and (d) upon completion of the sale

On October 16, 200, at the above D office around 16, 200, a contract deposit of KRW 700,000 on the date of the contract with the victim G for the total of KRW 69,50,000,000,000 for the remainder of KRW 62,50,000,000 on November 14, 200, shall be immediately transferred to the victim’s name, and the conditions of the road donation in the sale complex shall be stipulated as follows: (a) pursuant to the above agreement, a real estate sales contract with the content of the special agreement on "the conditions of the payment in arrears in the road within the sale complex" shall be concluded; (b) the down payment amount of KRW 7,00,000 on October 16, 200; and (c) the remainder of KRW 62,50,000 on November 3, 200; and (d) the sale and purchase of real estate shall not be paid to the victim under the name of the same month.

Nevertheless, on February 21, 2013, the Defendant, in violation of the foregoing duties, sold the FF road of Seopo-si, Seopo-si, Seopo-si, in the amount of KRW 190 million to I, and completed the registration of transfer of ownership in the name of B around March 28, 2013.

Accordingly, the Defendant acquired pecuniary benefits equivalent to KRW 190 million in the above real estate purchase price, and incurred damages equivalent to KRW 246.5 million in the purchase price to the victims.

2. Determination.

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