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(영문) 서울북부지방법원 2015.10.16 2014고단4454
배임
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 30, 2010, the Defendant entered into a sales contract on 400 square meters from the victim F and Gyeonggi-gun G forest located in Gangnam-gu Seoul Metropolitan Government Office (E).

The Defendant determined the purchase price for the said forest land as KRW 1.20 million with the victim; the down payment of KRW 20 million on the date of the contract; and the remainder of KRW 100 million on October 5, 2010 on the date of the contract; at the same time, the Defendant agreed to delete the right to collateral security (i.e., the maximum debt amount of KRW 47,471, which was set up on KRW 470,000,000, including the said forest land, and (ii) to implement the procedures for the registration of ownership transfer to the victim.

According to the above agreement, the Defendant received the down payment of KRW 20 million per contract to the Defendant’s agricultural cooperative account, and received the remainder of KRW 100 million from October 5, 2010 to the Defendant’s agricultural cooperative account, and accordingly, was obligated to cancel the said collateral and to implement the procedure for the registration of ownership transfer to the victim. As such, on December 29, 2010, the Defendant, including the said woodland, was obligated to pay KRW 477,471, which is the maximum debt amount of KRW 450 million, and KRW 375 million, and KRW 375 million, and KRW 375,000,00 to L, the maximum debt amount of KRW 345,00,00 won, and KRW 25,500,000,000 from the remainder to the Defendant’s agricultural cooperative account. As such, on December 29, 2010, the Defendant incurred damages equivalent to the aggregate amount of KRW 1.461,14,71,0000,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of suspect of the accused;

1. A copy of a land sales contract, a copy of a copy of the register (G), a copy of a written statement of payment, a copy of a receipt (A), or a loss incurred in breach of trust is not only the case of actual damage.

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