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(영문) 서울북부지방법원 2018.04.05 2017고정365
배임
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who owned a house with a single-story and a warehouse of 98.4 square meters (hereinafter referred to as “the instant building”) with the B steel framed and wood slive roof of the Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant.

The Defendant leased the instant building to the victim C with a deposit of KRW 11 million in 1999, and set up a collateral security on January 27, 200 with the maximum claim amount of KRW 11 million for the instant building as the creditor and the maximum claim amount. On December 7, 2002, the Defendant additionally received nine million won around December 7, 2002 and sold the sales price to the victim of the instant building.

Therefore, even though the Defendant had a duty to register the transfer of ownership of the instant building to the victim, the Defendant breached his/her duty and completed the registration of transfer of ownership on the ground of sale and purchase to D, other than the public prosecution, on June 23, 2015, thereby taking property gains equivalent to KRW 20 million and suffered damage equivalent to the same amount to the victim.

Summary of Evidence

1. Each legal statement of witness E, C, and F;

1. Complaint;

1. A certificate of all the general building ledgers and registered matters;

1. Forms of waiver of ownership and possessory right, certificates of seal impression, amount of claims, and waiver of deposit for lease on a deposit basis, real estate lease contract (A, D), verification of contents, certificate of completion of report on real estate transaction contract, real estate transaction contract, and real estate lease contract (G, C);

1. Application of written appraisal (i.e., February 14, 2018) statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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