배임
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Punishment of the crime
On November 27, 2012, the Defendant: (a) while carrying out construction of a multi-household C multi-family housing in Gangwon-do on November 27, 2012, the Defendant agreed to pay KRW 120,000 to the victim 1,00,000,000 to pay KRW 102,000,000 to the victim for the purpose of settling the construction cost by the victim D, who is the landowner; and (b) paid KRW 50,000,000 to the victim as collateral; and (c) paid KRW 70,000,000,000 to the victim on December 12, 2012 to secure the remainder of KRW 70,000,000.
After that, on January 11, 2013, the Defendant agreed to exchange 1/2 shares of the two parcels, such as the F and G, in the G, etc., owned by the foregoing C 102 and E (hereinafter “F, etc.”) between E and E.
In order to implement the above exchange contract, the Defendant: (a) on January 11, 2013, when cancelling the said right between the victim and the victim, paid 30 million won out of the secured debt of 70 million won; and (b) on the remaining debt of 40 million won, in order to secure the said right, the Defendant already set the first priority mortgage of 20 million won in the market price of 100 million won, which is 20 million won equivalent to the maximum debt amount of 10 million won, to the said E; and (c) set the second priority mortgage of 20 million won in the maximum debt amount of 50 million won to the victim; and (d) set the third priority mortgage of 50 million won in the maximum debt amount of the said E.
On January 17, 2013, the Defendant was released from the victim’s right to collateral security with a maximum debt amount of KRW 80 million with respect to the above C102, and accordingly, the Defendant had the duty not to set the first priority right over KRW 20 million with respect to the above F, etc., until setting the maximum debt amount of KRW 50 million with respect to the victim’s collateral security with respect to the said F, etc.
However, the Defendant, in violation of the above duties, borrowed KRW 95 million from H around February 26, 2013.