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(영문) 의정부지방법원 고양지원 2014.08.07 2014고단177
배임
Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

Ⅰ. Before May 6, 201, the Defendants’ previous convictions and Defendant A had been sentenced to imprisonment for one year with prison labor for the crime of occupational embezzlement in the Goyang Branch of the District Court on the Republic of Korea on May 6, 201, and the said judgment became final and conclusive on January 11, 201.

Defendant

B On September 7, 2012, the High Government Branch of the District Court was sentenced to one year of suspension of the execution of six months of imprisonment for the crime of embezzlement, and the said judgment became final and conclusive on September 15, 2012.

Ⅱ The Defendants had invested 770 million won from the Victim F around 2006 when constructing a commercial building called E on the land of Goyang-gu, Goyang-gu and 2 lots. However, the Defendants failed to pay this.

On August 20, 2009, the victim attached the claim amount to KRW 1,629,927,671.

However, the Defendants agreed to pay 1.42 billion won to the victim on November 11, 2009 under the condition that provisional seizure be cancelled, and paid 1.05 billion won to the victim on January 31, 201, but the remaining 3.70 million won was not paid until January 31, 2010 agreed.

On February 24, 2010, the Defendants drafted a sales contract for E 103 and 104 (hereinafter referred to as the “instant commercial building”) to the victims as a security for the payment of the balance.

The Defendants had the duty not to arbitrarily dispose of the above commercial building without the victim’s consent until all of the balance is paid to the said victim.

Ⅲ The Defendants violated the above duties and completed the registration of ownership transfer in the name of creditor G with respect to the commercial building on March 30, 2010.

G The terms and conditions of acquiring ownership of 530 million won are paid to the existing contractor, and the remaining 470 million won was a part of the existing investment amount of G 50 million won.

Accordingly, the Defendants conspired to obtain property benefits of 370 million won and caused damages to the above victims.

Summary of Evidence

1. Each prosecutor's office protocol against Defendant A (No. 44, No. 77 of the evidence list) 1.

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