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(영문) 창원지방법원 밀양지원 2017.06.29 2016고정188
업무상배임등
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

C was established on February 10, 1994 for the purpose of management of D’s property and harmony between village residents, and was established as a non-corporate association consisting of development committee members. E is the chairperson from around 2009 to December 201, 205, who is engaged in the management of 3,967m2 in the F forest and fields in smuggling, which is owned by the said committee, as the chairperson of C from around 2009 to the end of 2015, and the defendant was a person who furns in the above forest and field, and E and the defendant were willing to trade the above forest and field to the defendant and make the registration of transfer of ownership without undergoing a

1. Around 11:00 on December 18, 2015, the Defendant in breach of occupational duty and E entered into a sales contract with the Defendant to sell the forest land at KRW 14 million to the Defendant at KRW 3,967, a land for public disclosure:7, and KRW 7,814,90, a land for public disclosure:90), which is owned by C, without going through the C general meeting at E’s house located in G, G, and on January 15, 2016, the Defendant registered the transfer of ownership under the name of the Defendant.

Accordingly, the defendant and E conspired in collusion acquired property benefits equivalent to KRW 10 million, which are the difference in the actual purchase price of the above real estate, and suffered damages equivalent to the same amount as the victim C.

2. On January 15, 2016, the Defendant and E, to which the original copy of the process deed was written, shall have the head of the office office of the Changwon District Court located in 1993-20, prepare documents for filing an application for registration of transfer of ownership of the said forest and field, and submit them together with the resolution of C, the C Membership List, and C Rules.

However, there was no resolution of the C General Assembly on the sale of the above forest land as C owner to the defendant.

In collusion with the defendant, E had the staff in charge of the registry who knows such fact completed the registration of transfer of ownership in the name of the defendant with respect to the forest above, thereby making a false report to the public official and making it entered false facts in the register of real estate which is the original instrument of fairness.

3. The Defendant and E at the above registry office around that time at the time of exercising the original process deed.

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