특정경제범죄가중처벌등에관한법률위반(배임)등
A defendant shall be punished by imprisonment for two years.
The request of the applicant for compensation shall be dismissed.
Punishment of the crime
On August 12, 2014, the Defendant was sentenced to a two-year suspended sentence in August 2, 2014, for the crime of violation of road traffic law (dacting driving) and violation of road traffic law (dact-free driving) in the Chuncheon District Court's original branch on August 12, 201, and the said judgment was finalized on August 20, 2014.
From November 21, 2012, the Defendant has been engaged in managing the property of the victim clan as the representative of the C clan (hereinafter “victim clan”).
1. The defendant was in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (class member) to dispose of the property of the family as the representative of the victim's clan after a resolution of the legitimate general meeting of clans, and to take necessary measures to prevent damage to the clan from being incurred due to the disposal of the property.
Nevertheless, the defendant has acquired property benefits equivalent to KRW 7330,000,000 to a third party as follows, and suffered damages equivalent to the same amount as the victim's clan.
A. On September 6, 2013, the Defendant committed the crime in violation of the aforementioned duties at a non-place on September 6, 2013, and divided D land prior to the subdivision of D 24,595 square meters (hereinafter “D land before subdivision”) owned by the victim’s clan into D2,368 square meters (hereinafter “D land after subdivision”), G 20,423 square meters (hereinafter “G land after subdivision”), G20,423 square meters (hereinafter “G land after subdivision”), and H 1,804 square meters.
In relation to E, E and E enter into a contract to establish a right to collateral security with "the maximum amount of KRW 300 million for a mortgagee E, the debtor's clan, the defendant's clan, and the maximum amount of claims, and have completed registration of establishment of collateral security in E
Accordingly, the defendant acquired financial benefits equivalent to 300 million won of the maximum amount of the above collateral security claim to E, and caused damage equivalent to the same amount to the victim clan.
B. On October 31, 2013, the Defendant committed the crime, in violation of the above duties at an inf place on October 31, 2013, to F with regard to the land D before the division of the victim’s clans.