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(영문) 울산지방법원 2019.07.11 2018고단1245
배임
Text

Defendants shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendants, as the de facto representative of D Co., Ltd. established for the purpose of the business of manufacturing vessel parts, etc. in Sejong-si, on September 2, 2015, when the Defendants owned E forest land 299 square meters, F forest land 327 square meters, G forest land 14,953 square meters (hereinafter “instant land”) in the five-story office of building in Ulsan-gu, Ulsan-gu, under the said D’s name, sold the instant land for KRW 2.6 billion to the victim I’s J Co., Ltd., the Defendants sold the instant land for KRW 2.6 billion. Within one month from the time when the Defendants notified that all of the issues, such as loans, provisional registration, taxes, etc. for the full use of the instant land, were possible, and the purchaser received KRW 1.94 billion from the bank work at the same time as part of intermediate payment, and agreed to receive KRW 1.96 billion on February 29, 2016 for the construction of a factory site in the instant land as the intermediate payment of KRW 2.5 billion.

As above, the Defendants purchased and sold the instant land to the victim and received part of the down payment and intermediate payment, so in such a case, the Defendants had a duty to implement the procedure for ownership transfer registration to the victim.

Nevertheless, the Defendants conspired in violation of the above duty and sold the instant land to K Co., Ltd. on April 18, 2016 and transferred the registration of ownership transfer on April 28, 2016, thereby obtaining economic benefits equivalent to the market price of the instant land, and suffered economic damages equivalent to the same amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by a witness in the second protocol of the trial;

1. Statement made by a witness I in the fourth protocol of the trial;

1. Partial statements of witnesses M in the fifth trial records;

1. Part on the Defendants and N.

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