업무상배임
The prosecutor's appeal is dismissed.
Taking into account the fact that K from the beginning demands the sale price of KRW 3.2 billion, and that there is no particular reason to prevent the victim from appraising the appraisal, the Defendant appears to have obstructed the appraisal of high-amount fees by the Defendant. Furthermore, even if the ex post appraisal was 2.45 billion won, the sales price of the instant real estate is 3.198 billion won, it is difficult to view that the sales price of the instant real estate was 3.198 billion won at an appropriate price.
The seller notified K of whether the land of this case is inconsistent with the intellectual property registration
A statement was made to the effect that the certified broker N also explained to the defendant.
If we consider that the defendant interfered with cadastral surveys without any particular reason, the defendant seems to have known that the land of this case is inconsistent with cadastral issues.
Nevertheless, the Defendant reviewed in advance the appropriate purchase price of the instant real estate and the legal restrictions based on whether the instant real estate is inconsistent with the intellectual property, thereby in violation of the occupational duty that does not cause property damage to the victim. On September 1, 2010, the Defendant had the victim purchase the instant real estate with KRW 3.198 million, thereby having K gain pecuniary advantage of the amount, and caused damage corresponding to the above pecuniary advantage to the victim.
Therefore, the judgment of the court below which acquitted the defendant is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
The summary of the facts charged of this case regarding the grounds for appeal is that the Defendant: (a) the former Secretary General of the F University located in Dongdaemun-gu, Seoul, operated by the victim educational foundation D Private Institutes; and (b) the victim’s land G in Dongdaemun-gu, Seoul (hereinafter “instant land”) on September 1, 2010; (c) the above land and the building constructed on the H ground (hereinafter “instant building”).
The above building is currently being used as the current F University Akpis hall.
The above land and buildings are referred to as "the case".