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(영문) 울산지방법원 2013.10.18 2013노622
배임
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that L corporation expressed its intention to purchase the instant land at KRW 2,200,000 per square year, and there was no conspiracy to sell the instant land to a purchaser who gave a lot of C and fees, and the N’s statement that seems to correspond to the facts charged in the instant case cannot be reliable in light of the relationship between N and C, and the circumstance when N had a letter of intent to purchase L corporation, etc., the lower court found the Defendant guilty of the instant facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court (two years of suspended sentence in August) on the Defendant is too unreasonable.

2. Determination

A. The lower court found the following facts based on the evidence duly admitted and investigated by the lower court to have determined the misunderstanding of facts: (i) the N submitted L Co., Ltd.’s intent to purchase at the investigative agency and the lower court’s court on May 9, 201, and found the party to purchase from the Defendant; (ii) upon request from the Defendant, the Defendant and C, and N received brokerage commission; and (iii) the defect that the Defendant would yield 750-8,000 won to N; and (iv) the Defendant would have received 10 million won from C on September 201, 207; and (v) the Defendant offered 750,000 won to the Defendant on the basis of 700-8,000 won, and consistently stated that the Defendant received 10,000 won from C on the basis of brokerage commission around September 20, 201; and (v) the Defendant paid 70-1,000 won to the Defendant’s 201-7,51,27.

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