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(영문) 인천지방법원 2019.11.28 2018고단8502
배임등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

[Judgment of the court below] Defendant A is the actual operator of corporation E, the purpose of which is to lease and supply real estate in Nam-gu Incheon Metropolitan City D, and Defendant B is the representative of the above company, who carries out real estate development work, etc. according to Defendant A’s instructions.

On January 201, 201, the Defendants purchased F-land 679 square meters from the victim C, and agreed to transfer one of the two thousand,279,912,250 won as the purchase price, and one of the officetels scheduled to be constructed on the said land.

On September 14, 2012, the Defendants newly constructed a “G” building on the said land, and the victim requested the transfer of the said G building H (hereinafter “instant officetel”), and the Defendants promised to transfer the instant officetel.

However, the Defendants did not transfer the ownership of the instant officetel, and on August 20, 2013, the victims filed an application with the Incheon District Court for provisional injunction against the instant officetel disposal, and on September 6, 2013, the Incheon District Court decided to prohibit the instant officetel disposal.

After December 24, 2013, the victim filed a civil lawsuit with the Incheon District Court. On March 18, 2014, the Incheon District Court decided to adjust the victim's right to collateral security in an amount equivalent to KRW 50,40,000,00 in the instant officetel and to allow the victim to cancel the right to collateral security and transfer ownership.

【Criminal Facts】

1. On August 20, 2013, the victim violated the Act on the Registration of Real Estate under Actual Titleholder’s Name filed with the Incheon District Court an application for provisional injunction against the instant officetel.

Accordingly, the Defendants conspired on September 4, 2013 at the Incheon District Court registry of the Incheon District Court located in 881 as the Gyeong-gu Incheon Metropolitan Council member, and the facts are the same as I purchased the instant officetel, although I did not have the fact that there was an employee I of the E in charge of the instant officetel, I would have purchased the instant officetel in the name of I.

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