(영문) 서울고등법원 2019.11.28 2019노1688



The defendant's appeal is dismissed.


1. The decision of the court below on the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The Defendant: (a) purchased multiple parcels of land in the name of an agricultural partnership with the representative director; (b) concluded a contract to sell part of the land to the victim; and (c) received full payment from the victim; (b) the Defendant and the Defendant breached the duty to implement the procedure for ownership transfer registration; (c) completed the ownership transfer registration in the name of the agricultural partnership; and (d) committed the instant crime of using the land as security to raise personal funds by the Defendant.

Although the defendant recognized all of the crimes of this case since the court below, there is no criminal record or penalty exceeding the same criminal record or fine for the defendant, but the victim suffered large damage of KRW 1 billion due to the crime of this case, and the defendant was not compensated for part of the damage until 10 years have passed since the payment of the purchase price, and the defendant tried to be punished for severe punishment for the defendant.

(1) The Defendant: (a) either disposes of the Defendant’s property from the lower court to complete a real estate development project, thereby raising funds to recover damage; and (b) compensate the victim’s damage that has been born from the time of middle school students to their long-term friendship, thereby restoring the relationship between the two persons; (c) however, such measures have not been taken until the day on which the date on which the closing of argument in the lower court was declared; (d) taking into account the following various circumstances as to the Defendant, including the Defendant’s age, character and conduct, environment, motive of the crime, and circumstances after the crime; and (e) sentencing guidelines set by the Supreme Court’s sentencing committee