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(영문) 수원지방법원 안산지원 2015.04.24 2015고정157
배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

F is the owner of the G building in Ansan-si, and the defendant was the husband of the F, who was in charge of the sales contract of the above building on behalf of F, and H was the person who was in charge of the sales of the above building with the defendant's birth.

On April 16, 2011, the Defendant and H concluded a sales contract with the victim for the commercial buildings 104 and 105 in the sales office of the said building on behalf of F, and the victim agreed to complete the registration of ownership transfer for each of the above commercial buildings within 60 days after the completion of the said building, the victim paid the down payment of KRW 19,774,810 on the date of the contract, the intermediate payment of KRW 299,662,210 on May 31, 201, and the remainder of KRW 49,437,020 on the completion of the said building.

Pursuant to the above agreement, F received KRW 1,00,000 for the first down payment on April 16, 201, and KRW 198,774,810 for the second down payment on April 18, 2011, and KRW 100,000 for the first intermediate payment on June 9, 2011, and KRW 100,000 for the second intermediate payment on October 25, 201, and KRW 100,000 for the second intermediate payment on October 26, 201, and each of the above procedures for the ownership transfer registration arose from the victim, and each of the above procedures for the ownership transfer registration was performed.

Defendant, F, and H concluded a sales contract with the victim I for the above 104, 105, and received the down payment and intermediate payment from the victim, and gathered to use the above commercial building as construction cost for the building in the name of H using the ownership of the above building as collateral by obtaining a loan from the bank under the name of F, and concluded a contract with H to obtain a loan of KRW 70,000,000 from the National Agricultural Cooperative Federation on February 1, 2012, H concluded a contract with the National Agricultural Cooperative Federation for the above 104 and 105, and completed the registration of establishment of a mortgage over the above 105 with the National Agricultural Cooperative Federation as the maximum debt amount of KRW 84,00,000 and the mortgagee as the National Agricultural Cooperative Federation.

Accordingly, the Defendant conspireds with F and H.

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