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(영문) 울산지방법원 2015.11.13 2014고단3398
배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 10, 2012, the Defendant agreed to pay the victim D and the victim KRW 204,00,000 (including additional construction cost of KRW 5,00,000) to the victim in payment in lieu of the Plaintiff’s office in Ulsan-gu, U.S., U.S., U.S., U.S., on the following occasions: (a) the Defendant paid the victim KRW 204,00,000 (including additional construction cost of KRW 5,00,000) of the construction cost; and (b) the remainder of the construction cost is paid in lieu of payment to the victim after completing the building preservation registration after completing the building preservation registration.

The Defendant, in accordance with the foregoing agreement, completed the E-Ba framework construction, completed the E-Ba, and completed the preservation registration of the building on July 31, 2013, and accordingly, the obligation of E-Ba 601 to implement the procedure for the registration of ownership transfer to the victim was incurred.

On August 8, 2013, the Defendant sold 130,000,000 E-Ba 601 to F on August 8, 2013, and completed the registration of ownership transfer with F on August 26, 2013.

Accordingly, the Defendant acquired property benefits equivalent to KRW 130,000,000 in the above E-Ba market price, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including DNA statements);

1. Protocol concerning the examination of suspect of G;

1. Statement of D police statement;

1. A complaint;

1. Full certificate of the matters to be registered, E Aggregate Construction Contract, E-BL Sales Contract, H deposit and statement of the contract, each loan certificate, and standard construction contract;

1. Application of Acts and subordinate statutes of each investigation report;

1. The relevant provision of criminal facts, Article 355(2) and (1) of the Criminal Act regarding the choice of punishment, the reason [the scope of recommending punishment] for the sentencing of imprisonment [the grounds] types 2 (100 million won or more to 50 million won] (1 to 3 years] and no basic area (1 to 100 million won or less] [the decision of sentencing] is an element for sentencing favorable to the defendant that has no same criminal power.

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