배임
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant has the victim purchase old houses to the victim C, and after being awarded a contract for the interior interior interior interior interior interior of the house purchased by the victim, the victim would use the remodeled house to make profits, and the defendant was delegated the right of representation for the purchase of the house from the victim.
On May 5, 2015, the Defendant confirmed the fact that the instant housing site and housing (hereinafter “instant housing”) owned by the seller D and recommended the victim to purchase the instant housing, and concluded a sales contract with D on behalf of the victim on G real estate located in Changwon-si, Changwon-si, Changwon-si, Seoul, to enter into the sales contract with D for the instant housing on behalf of the victim, and indicated the purchaser as the Defendant, and paid the buyer the down payment of KRW 10 million on the date of the contract, the intermediate payment of KRW 5 million on May 29, 2015, and the remainder of KRW 45 million on June 22, 2015, in exchange for the registration required for the transfer of ownership of the instant housing, and may proceed with the construction of the instant housing from May 6, 2015.
The sales contract was concluded with the terms “..........”
According to the terms and conditions of the above sales contract concluded by the defendant, the victim shall pay 10 million won as the down payment on May 5, 2015, and 5 million won as the intermediate payment on May 29, 201, respectively, to D, and the defendant shall proceed with the interior work on the instant house.
Although the Defendant had the duty to register the transfer of ownership of the instant housing on behalf of the victim, such as entering into a sales contract with the delegation of the right to purchase the instant housing from the victim, the Defendant violated the above duty by putting the Defendant’s entry of the instant housing sales contract as the purchaser on July 23, 2015 at the said G real estate office, in order to secure the construction cost upon the occurrence of a dispute over the construction cost with the victim.