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Reasons
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(영문) 춘천지방법원 2013.12.10 2011고단1226 (1)
배임
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A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 52,500,000 won to the applicant for compensation.

3.2

Reasons

Punishment of the crime

On October 30, 2010, the Defendant entered into a contract with D to purchase KRW 140 million with respect to KRW 46,000,000,000,000,000,000,000,000, but, on June 30, 201, the Defendant received a loan from the Seocheon Saemaeul Saemaul Fund and paid the remainder and registered the ownership transfer in the name of ASEAN, while the Defendant failed to pay the remainder of KRW 80,000,00.

Around January 5, 2011, the Defendant entered into a contract with the victim C to divide the part of the said real estate into KRW 10,90 square meters, and sell KRW 70,000,000,000,000 as contract deposit. On the same day, the Defendant received KRW 35,50,000 from the victim as part payment on March 30, 201, and at the same time, received the remainder from the victim, and at the same time there was a duty to implement the procedure for the registration of ownership transfer for the said real estate.

Nevertheless, on April 11, 201, the Defendant violated the foregoing duties and took out a loan of KRW 80 million from the Kancheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, Seocheon-do, Seocheon-do, in order to secure the loan, the Defendant established a mortgage of KRW 112 million with the maximum debt amount on the said real estate to secure the loan, and established superficies with the duration of 30 years, thereby incurring property benefits equivalent to the above collateral security and superficies value on the portion of 10,090 square meters out of the said real estate and sustained the same damage to the victim.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Articles 25 (1) and (2), and 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings Sentenced provisionally;

1. Imprisonment with prison labor for not less than one month but not more than five years;

2. The sentencing criteria shall be based on; and

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