배임
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (misunderstanding of facts) of the defendant's right to claim the registration of transfer of ownership of the victim at the time of registration of the establishment of the right to collateral security and superficies of this case has
Therefore, the defendant's act constitutes a breach of trust.
The summary of the facts charged is that on August 24, 2004, the Defendant entered into a contract with the victim D to sell the land E (1,316 square meters) (hereinafter “instant land”) at KRW 25 million, which is owned by the Defendant, at KRW 5 million on the date of the contract, from the victim to the intermediate payment of KRW 10 million on September 10, 2004, and KRW 10 million on or around October 25, 2004, the Defendant received the remainder payment of KRW 10 million on or around October 25, 2004. As such, the Defendant cooperation with the victim in the registration of ownership transfer of the instant land and transferred or provided it as security without the consent of the victim.
Nevertheless, on July 2, 2015, the Defendant violated his duty and received a loan of KRW 25 million from the Agricultural Cooperative of Sejong Sejong-si, the Defendant arbitrarily made a registration of the establishment of a collateral security with the debtor as the defendant (A) and the maximum amount of the claim, and the establishment of superficies on the whole land of this case.
As a result, the Defendant acquired the financial benefits equivalent to KRW 30 million, the maximum amount of the above-mortgaged mortgage claim, and caused the damage equivalent to the same amount to the victim.
The lower court determined that: (a) at any time from October 25, 2004, the victim was entitled to exercise the right to claim for the registration of ownership transfer (hereinafter “right to claim for the registration of ownership transfer”) from October 25, 2004, which paid all remainder; (b) however, the Defendant had passed ten years prior to July 2, 2015, which established the right to collateral security and superficies on the instant land as indicated in the facts charged; (c) the Defendant was not a person who administers another’s business at the time of the instant case; and (d) the Defendant did not have any intent to commit breach of trust.