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(영문) 서울중앙지방법원 2015.07.01 2015고단1877
배임
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person representing a tax accounting corporation.

On February 21, 2014, the Defendant entered into a contract with the victim G and H to sell the housing of 101.6 square meters of the Seocho-gu Seoul Metropolitan Government F site and 101.6 square meters of the ground brickdy roof (hereinafter “instant real estate”) owned by the Defendant as a broker of the real estate intermediary corporation in Seocho-gu Seoul, Seocho-gu, Seoul, Seoul, a certified judicial scrivener E office for certified judicial scrivener in order to sell the housing of 1.0 billion won to the victim G and H.

At the time of the contract, the above victims agreed to prepare again the above sales contract after changing the date of the contract after the sale of other real estate owned by the defendant, and the down payment KRW 100,000,000,000,000 from the date of the contract and the intermediate payment, when the contract is re-preparation, the balance of KRW 188,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

On February 21, 2014, the Defendant received KRW 100 million from the victims on the date of the contract, and the victims deposited an intermediate payment of KRW 188,80 million on April 1, 2014, respectively, with the Seoul Central District Court on April 21, 2014, and the Defendant recovered KRW 288,000,000,000,000 from the intermediate payment and the remainder payment deposited by the victims on May 9, 2014.

Therefore, the Defendant rejected the registration of ownership transfer on the ground that the victims did not comply with the request for re-preparation of the contract to change the purchase price in violation of the duty to complete the registration of ownership transfer on the instant real estate to the victims, thereby acquiring property gains of the total amount of KRW 388 million received from the purchase price of the instant real estate and causing damage equivalent to the same amount to the victims.

2. The prosecutor to determine the facts charged of this case is the buyer of the real estate of this case.

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