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(영문) 의정부지방법원 2015.12.29 2015노1393
배임수재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1,305,00,000 won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Compared to the misunderstanding of facts or misunderstanding of legal principles, the lessee mentioned in the attached list of crimes as to the violation of the Rental Housing Act (hereinafter “the lessee of this case”).

(2) The Defendant is not guilty of the violation of the Rental Housing Act, which is premised on the fact that the lessee is not entitled to preferential conversion of rental housing in lots. (2) As to the receipt of property in breach of trust, the Defendant, in consultation with the lessee at the time, received half of the market price profits from the lessee who wants to make a preferential conversion of rental housing in lots. The lessee of the instant case is not entitled to preferential conversion of rental housing in lots, and the lessee of the instant case is not entitled

Therefore, it is not guilty of breach of trust taking property.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, additional collection of KRW 1.35 million) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment with the following changes in the indictment at the trial court, and the judgment of the court below cannot be maintained as the case was changed by this court's permission.

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of the court.

[Modification] [The part] The Defendant is the actual representative director of G Co., Ltd. (hereinafter referred to as “G”) that entered into a sales agency contract with F for the E apartment (hereinafter referred to as “F”) and the above apartment (hereinafter referred to as “G”) at Yangju-si, a rental housing unit, and the Defendant is the representative director of J Co., Ltd. (hereinafter referred to as “J”). H is the F’s director and G’s auditor, and H is the representative director.

A rental business operator shall be from the date of occupancy to the time of conversion for sale after five years from the date of mandatory lease.

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