beta
(영문) 수원지방법원 성남지원 2013.09.05 2013고합114

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 28, 2010, the Defendant, at the E Licensed Real Estate Agent Office located in Gyeonggi-si, Gwangju Metropolitan City, sold 92 square meters of G forest land among 1,651 square meters (hereinafter “G forest”) and 357 square meters of H forest land in Gyeonggi-si (hereinafter “H forest”), and constructed a new building on the land sold, and received 518,00,000,000 won including 148,400,000 won for new construction of a building from the victim as the purchase price, and entered into a sales contract under the name of the victim of G forest land and intermediate payment of 20,000,000 won on July 28, 2010, the sales contract was concluded with the victim of G forest and forest and intermediate payment of 1,651 square meters (hereinafter “the remainder of 20,000,000 won”). < Amended by Act No. 9725, Aug. 18, 2010>

(2) On July 28, 2010, the Defendant paid KRW 161,00,000 for the part of the intermediate payment on August 9, 2010, and KRW 161,000 for the remaining intermediate payment on August 18, 2010, and KRW 15,00,000 for the construction cost on August 18, 2010, pursuant to the instant sales contract, the Defendant had a duty to register the ownership of KRW 92 square meters out of G forest and H forest on July 28, 2010.

On June 29, 2011, the Defendant violated his duty to register the transfer of ownership of G forest land to the victim F in accordance with the instant sales contract. On June 28, 2011, the Defendant entered into a collateral security contract for G forest land with respect to loans of KRW 270,000,000 from the Seoul Gyeonggi Savings Livestock Livestock Cooperative Office located in Gangdong-gu Seoul Metropolitan Government on June 29, 201. On June 29, 201, the Defendant entered into a collateral security contract with respect to G forest while receiving loans of KRW 270,00,000 from the Seoul Gyeonggi Savings Livestock Livestock Cooperative.