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(영문) 인천지방법원 2020.11.11 2020고단2410
배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is delegated by the Defendant’s father, B, the Plaintiff’s father, with the authority to sell 511 square meters of land and 133 square meters of forest land in the same Gun (hereinafter “each of the instant real estate”).

On December 31, 2018, the Defendant: (a) concluded a real estate sales contract with the victim G to the effect that “F office located in Kimpo-si, Kimpo-si, Kimpo-si; (b) the Defendant sold each of the instant real estate at KRW 120 million to the victim; (c) received the total sum of the down payment and the intermediate payment on the date of the contract; (d) the relevant permission procedure, such as permission for diversion of forests, and land survey and civil engineering works; (e) received the remainder of KRW 60 million on September 30, 2019; and (e) at the same time deliver documents necessary for the registration of ownership transfer to the victim; and (e) received KRW 60 million from the victim as the down payment and the intermediate payment.”

Therefore, the Defendant performed the procedure for registration of ownership transfer, such as providing documents for the transfer of ownership to each of the instant real estate, at the same time with the payment of balance from the victim for the victim, and had a duty not to perform a disposal act such as selling the instant real estate to another person or setting up the collateral.

Nevertheless, on November 28, 2019, the Defendant violated his duties, sold each of the instant real estate to H in the Reinforcement-gun's civil service center located in Incheon, Incheon, and completed the registration of ownership transfer with H on December 5, 2019 at the Reinforcement-gun's registry office located in Incheon, Incheon, to H.

As a result, the defendant judged that there is no obstacle to the exercise of the right to defense of each real estate of this case, and recognized the facts charged.

The judgment on this issue is as seen in the summary of evidence.

The victims obtained considerable financial benefits, and caused considerable damages to the same amount.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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