배임등
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
"2018 Highest 1831" is the actual operator of the B stock company.
On December 10, 2015, the Defendant entered into a sales contract with the victim that the said company would sell the E-building F, which was newly constructed in Jeju City D, to KRW 332.5 million, and that the registration of ownership transfer after completion inspection, was completed with the victim G.
On August 2, 2016, the Defendant received 330,000,000 won from the victim to the H bank account (I) in the name of B Co., Ltd., and completed a completion inspection on the said real estate on January 16, 2017 and completed a registration of ownership preservation in the name of B Co., Ltd. on January 16, 2017, the Defendant had the duty to transfer the ownership of the said real estate to the victim.
Nevertheless, on July 25, 2017, the Defendant issued to the creditor J of the Defendant necessary documents before the registration of the said real estate in the name of K on the same day.
Accordingly, the defendant, in violation of his duties, took property profits equivalent to 30 million won and suffered damages from the same amount of money to the victim.
The defendant of "2018 Highest 2212" is a person who actually operates B corporation for the purpose of newly constructing and selling houses.
B On October 12, 2016, a stock company entered into a sales contract with the victim L and B to purchase M building N at the time of Seopopo-si constructed by the victim L and B, 20 million won as the down payment on October 12, 2016, and received 88 million won as the intermediate payment and remainder on December 21, 2016.
Since the Defendant received the full amount of the purchase price from the victim, the Defendant breached his duty to register the transfer of ownership without any burden, such as the right to collateral security, with respect to the said real estate, on July 20, 2017, and accordingly, violated the duty to register the transfer of ownership with respect to such real estate.