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(영문) 광주지방법원 2013.09.25 2013노820
배임
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant removed 433.7 square meters from the Institute for Education and Research on Cement C, C, C, C, C, C, C, C, C, C, C, C, C, C, C, C, and C, C, C, C, C, and C, C, C, C, C, and C, C, C, C, and C, C, C, and C. 4, B, and C; and (b) the above building was not the subject matter of a sales contract with the victim; and (c) even

2. In order to establish the crime of breach of trust, the perception of breach of trust as a subjective element, and thereby, the perception that one or a third party acquires his or her benefit and thereby causes loss to the principal, namely, the intention of breach of trust, and such recognition is sufficient with dolusence.

In the instant case, the following circumstances are acknowledged by the evidence duly adopted and investigated by the lower court: (i) around the late 1970s, the Defendant constructed a number of buildings with several Dong units on the 25,668 square meters of land in Yong-Nam-gun, Jeonnam-gun, one thousand and one hundred and sixty-eight square meters of J-gun; (ii) on the above J-gun ground, part of the above land was divided into 1,140 square meters of J-gun, and divided into 631, J-gun and one hundred and sixty-eight square meters of land; (iii) on the above ground, there were buildings with 268 square meters of slate roof, which were newly constructed and reconstructed by the Defendant, 84 square meters of 2-story and two stories assembly-type 51 square meters of land (hereinafter “the instant building”); (iv) around July 13, 2006, the Defendant did not prepare a building register or 300 square meters of land, and (v) completed the above 3000,000 square meters of land.

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