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(영문) 광주지방법원 2013.04.19 2011고정2814
배임
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 13, 2006, the Defendant decided to transfer 6 lots of ground buildings and superficies, such as Jeonnam-gun, Jeonnam-gun, D, E, F, G, and H, owned by the Defendant, to the victim I, the owner of each of the above lands, KRW 30 million in total, and received KRW 30 million in the transfer price after preparing a written agreement. On September 7, 2007, the instant building is referred to as “the instant building” on September 4, 2007, 433.7 square meters in the Institute for Research and Research on C C, C, bricks, slves, slive roof, etc.

A sales contract for five buildings has been prepared and a written confirmation for transfer of ownership has been received by the Young-gu Military Office.

On the other hand, since the building of this case was originally constructed on the ground C above, the land was partitioned, the defendant was located on the ground while expanding or remodelling the building of this case, there was no other similar type of training institute building in the vicinity of the building of this case, and the defendant agreed to transfer the ownership to the victim about five buildings of this case including the building of this case on the ground of the above J as well, there was a duty to implement the procedure for transfer registration of ownership to the victim.

Nevertheless, around January 8, 2010, the Defendant violated his duties and transferred the instant building to K in a fraudulent manner at the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul, and had the right to claim ownership transfer registration of the instant building registered.

As a result, the Defendant violated his duties, thereby acquiring property benefits equivalent to KRW 6 million in value of the building of this case, and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Legal statement of the witness L;

1. A real estate sales contract or confirmation document;

1. Each certificate and each closed copy of the register;

1. Application of each judgment statute

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (2) of the Criminal Act and the choice of fines concerning criminal facts;

1. The punishment of Articles 70 and 69(2) of the Criminal Act is based on civil procedure related to the reasons for sentencing.

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