배임
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. Inasmuch as the location of the road portion that the victim had opened at the time of conclusion of the instant sales contract with the victim of misunderstanding of facts was not specified, even if the Defendant sold to a third party the road portion indicated in the drawings attached to the sales contract, and the victim opened and opened a road at a location different from the above drawings, such circumstance alone alone does not lead to the Defendant’s intention of breach of trust, the lower court convicted the Defendant of the facts charged in this case, in so determining, is erroneous.
B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below on the assertion of mistake of facts, the following facts are acknowledged, and when comprehensively considering the above facts, the defendant specified the part of the contract of this case as the contract of this case in the conclusion of the contract of this case with the victim and received the payment of the purchase price in full. Therefore, even though the victim was obligated to register the ownership transfer with respect to the contract of this case, the part of the contract of this case as the contract of this case was sold to a third party and completed the registration of transfer to the third party, and thus, the defendant's assertion on this different premise is rejected.
1) On April 20, 2007, the Defendant specified the location of 1,322 square meters in the south part of the area of 2,248 square meters, which was owned by the Defendant, to be sold in KRW 200 million. However, in order to pass through a public road on the land for the purpose of sale and purchase, part of the land owned by the Defendant is divided into and set up a road, and the location of the road is determined by drawing (attached Form 1; the specific road location here refers to “the road of this case”.
The contract was specified and attached to the sales contract.