beta
(영문) 인천지방법원 2016.11.15 2016고단3165

배임

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Southern District Court for a crime of false accusation, and on October 1, 2015, the judgment became final and conclusive on October 1, 2015, and on March 25, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of obstructing the exercise of rights by the Incheon District Court, and the judgment became final and conclusive on August 17, 2016.

1. On October 4, 2012, around March 27, 2012, the Defendant, in breach of trust, concluded a sales contract of KRW 25 million with respect to the victim E and the Defendant’s F F F F F F F socinger in Yeonsu-gu, Yeonsu-gu, Incheon, and concluded a sales contract of KRW 25 million with respect to the victim E and the Defendant, and concluded a special agreement, up to August 2012, the Defendant terminated the mortgage set up in the above facing season (joint mortgage B number G) and agreed to transfer the ownership to the victim.

According to the above contract, the victim paid the defendant the down payment in cash, namely, one million won, and remitted the balance of 24 million won to the national bank account in the name of the defendant on June 19, 2012. On August 30, 2012, the defendant cancelled the mortgage created in the above sofacing season on August 30, 2012.

Therefore, even though the defendant's duty to implement the procedure for the registration of ownership transfer for the above sofaging machine was generated, the defendant violated this procedure, and completed the registration of ownership transfer for the above sofaging machine to H as of October 4, 2012, thereby acquiring economic benefits and causing considerable damage to the victim.

2. On September 27, 2013, the Defendant in breach of trust, around May 28, 2013, concluded a sales contract of KRW 35 million with respect to the victim E and the Defendant’s I digging machines owned by the Defendant at the D office located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, and concluded a sales contract of KRW 35 million with respect to the victim E and the Defendant, and concluded a special agreement by August 2013, the Defendant terminated the mortgage set up in the above digging machines (the mortgage mortgage mortgage mortgage No. J) and transferred ownership to the victim.

According to the above contract, the victim transferred 35 million won from tin to the national bank account under the name of the defendant, and the defendant cancelled the mortgage created in the above sofacing season around August 20, 2013.

In this respect.