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(영문) 광주지방법원 2016.04.27 2016고정276
배임등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Although the Defendant was delegated by the victim B with the duty of transferring a parcel of land C, 93 square meters in the Nam-gun, Nam-gun, the victim owned, and E-owned land 127 square meters in exchange for the land owned by D, the Defendant in breach of the said duty on September 20, 2010, transferred the ownership of the damaged person’s land to D, but the Defendant, not the victim, registered the transfer of ownership in the name of F Co., Ltd., the Defendant operated at the time.

Accordingly, the defendant acquired property benefits equivalent to the market price of the above land subject to exchange, and suffered property damage equivalent to the same amount to the victim.

2. Although the Defendant did not have any authority to acquire ownership of the land E in the south, the ownership of the land owned D prior to September 20, 2010, the Defendant filed an application for the registration of transfer of ownership of the said land with the registry office located in the Brane-gun, Chungcheongnam-gun on September 20, 2010, and had a registered public official under the name of the Defendant, who is unaware of such fact, enter the ownership of the land in the name of F Co., Ltd. which was operated by the Defendant on September 16, 2010 in the said registry under the name of F Co., Ltd., which was operated by the Defendant at the time of the sale on the said registry.

In this respect, the defendant made a false report to the public official, and made him record false facts in the land register, which is the same electronic records as the original copy of the fair deed, and had him keep it at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements concerning G during the suspect examination protocol of the police officer;

1. Statement made by the police with H;

1. A certificate of all matters to be registered (C), and a certificate of all matters to be registered (E);

1. Application of investigation reports (a copy of written information, such as submission E by the J of the I company, and a copy of the notice of completion of registration), and accompanying documents;

1. Article 355(2) and Article 355(1) of the Criminal Act regarding criminal facts; Article 228(1) of the Criminal Act (the point of time) and Articles 229 and 228 of the Criminal Act regarding the selection of punishment for criminal facts; Articles 229 and 228 of the Criminal Act.

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