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(영문) 수원지방법원 성남지원 2013.09.27 2013고단685
배임
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2007, the Defendant is seeking to purchase and develop H forests and fields from G, the representative director of the Real Estate Development Business Co., Ltd. (FF Co., Ltd.), which is the Plaintiff, at the time of Gyeonggi-si, to return the investment profit equivalent to 50% of the investment principal and the investment principal within one year, but if the period for return of the agreement expires, the Defendant shall compensate for the amount equivalent to 1% of the investment principal and the investment profit under the agreement every month. In order to secure the return of the said investment principal and the agreed investment revenue, the Defendant shall either make an investment or attracts the investment of KRW 50 million with the “the condition that establishes the right to collateral security of KRW 1 billion with the maximum amount of the investment principal and the investment profit to be returned from the said company if the development project is successful, the amount equivalent to 250 million won, which is the difference between the investment principal and the agreed maximum amount of the above maximum amount of claims.

The proposal was made to the effect that "investment".

Upon receipt of the above proposal, the Defendant solicited K, his social preference L, the Defendant’s former employees, and the victim M, the Defendant’s former employees, etc. to invest in the real estate development project under the above conditions as above, and received from the above K an investment of KRW 120 million from the above L, KRW 200 million from the victim, KRW 100 million from the Defendant’s sentence, and KRW 60 million from the Defendant’s sentence. The Defendant was able to raise the investment principal of KRW 500 million from the above company by deciding to invest KRW 20 million from the above company. As the Defendant was able to process the above company’s investment principal, KRW 120 million from the investors including the victim, and KRW 60 million from the victim’s direct receipt of KRW 10 million from the above K, KRW 210 million from the victim, and KRW 60 million from each of the above companies.

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