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(영문) 수원지방법원 2012.01.30 2011고단4856
배임
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 32,500,000 won to an applicant for compensation.

Reasons

Punishment of the crime

The Defendant: (a) the right to sell the living countermeasure site in a housing site development zone is a right that the expropriated person can be supplied with the land at appraisal price; (b) the right to sell the living countermeasure site is ordinarily developing a commercial building after the purchase of the land by a cooperative by the right to sell the land; and (c) the right to sell the land is transferred through the transfer of the status of the member of the association. In addition, the Defendant has been entrusted with the management of the right to sell the land from the victim, such as arranging the contract to transfer the right to sell the land to the victim C; (d) the Defendant was entrusted with the management of the right to sell the land by implementing the procedure to transfer the right to sell the land from the victim’s name; and (e) the Defendant was

On October 18, 2010, the Defendant violated the above duties and transferred E’s right of sale to H in a real estate agent’s office operated by the Defendant in Suwon-si F, Suwon-si, by having the Defendant transfer the status of “Gran Cooperative” member of E, which the victim acquired, to H rather than the victim.

As a result, the Defendant had H obtain pecuniary benefits equivalent to 32.5 million won at the market price of the above sale right, and suffered loss equivalent to the same amount as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C and I;

1. Part C of the protocol concerning the examination of the suspect against the defendant;

1. Each police statement made to C, H, and I;

1. A complaint, a copy of receipt, a copy of a real estate sales contract, a copy of a cashier's check, a copy of a sales contract, a copy of a promissory note, a copy of a bankbook, and a copy

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Application for a compensation order;

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