(영문) 수원지방법원 2015. 1. 23. 선고 2014고단6951 판결[배임][미간행]
Defendant
E. Beforemak-hee (Court of First Instance), Man-hee (Court of Second Instance)
Attorney Kim Jong-soo (Korean)
A defendant shall be punished by imprisonment for one year.
Around July 15, 2011, the Defendant entered into a lease agreement with the Jung-gu ( Address omitted) (○○○○○○○○○○○○○○ 808 202 dong 202, a deposit for the lease of a deposit for two years from August 5, 2011 to August 5, 2013. At the same time, the Defendant applied for a loan to Nonindicted Co. 2 Co. 2 for the lease of a deposit, thereby obtaining a loan of KRW 120 million from the deposit. However, the Defendant established a pledge right to all the right to claim the right to claim the return of the deposit against Nonindicted Co. 1 as a pledgee. Accordingly, the Defendant was not obliged to extinguish the right to claim the return of the deposit, which is the object of the pledge right without the consent of the pledgee, or not to change the pledgee’s interests.
Nevertheless, on July 2013, the Defendant: (a) sold the above apartment to Nonindicted 3 and Nonindicted 4 on September 2, 2013; and (b) sold the said apartment to Nonindicted 1; and (c) on the same day, on September 2, 2013, the Defendant received KRW 89,225,520 in total from Nonindicted 1 and buyer, Nonindicted 3, Nonindicted 4, and Licensed Real Estate Agent 5, etc., and from the buyer, the sum of KRW 89,25,520 in the name of the deposit for direct lease from Nonindicted 1 and buyer, and received KRW 50,74,480 in total from Nonindicted 1.
As a result, the Defendant violated his duties, thereby causing damages equivalent to KRW 160 million to the victim of the above lease deposit by extinguishing the right to claim the return of the deposit against the above lease contract and the non-indicted 1.
1. Defendant's legal statement;
1. Written consent of pledge;
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 355(2) and (1) of the Criminal Act, the choice of imprisonment
1. Scope of applicable sentences under law: One month to five years; and
2. Scope of the recommended sentencing criteria; and
[Determination of Punishment] Group of Breach of Trust-10 million won or more to less than five hundred million won
[Scope of Decision and Recommendations] Basic Area ( Imprisonment of one year to three years)
A special-speed person: None;
3. Determination of sentence;
Considering the fact that the amount of damage in this case was not yet recovered from damage in the name of KRW 160 million, the punishment as ordered shall be determined within the scope of the recommended punishment.
Judge Song Byung-hun