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(영문) 청주지방법원 2021.01.14 2019고단2636

배임

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2019 Highest 2636" constructed electric housing in Jincheon-gun B and C and sold it to the victim D and E.

1. On May 7, 2016, the Defendant, in breach of trust against the victim D, entered into a sales contract to sell the land B and buildings constructed on the land B to the victim for KRW 240 million,00,000,000. Since the Defendant received KRW 22,50,000 from May 7, 2016 to September 11, 2017 an aggregate of the construction deposit and intermediate payment between the victim and the purchaser, the duty to complete the registration of ownership transfer in the name of the purchaser of the land and buildings sold at the same time as the building constructed is completed.

Nevertheless, the Defendant, in violation of the foregoing duties, was granted a loan of KRW 120 million from the G Association around February 27, 2017, and subsequently, was established with the right to collateral security of KRW 156 million with the maximum amount of the claim amount of KRW 100 million against the said land and building, thereby acquiring property benefits equivalent to the said money and causing property damage equivalent to the said money to the victim.

2. On July 9, 2016, the Defendant, in breach of trust against the victim E, entered into a sales contract to sell the land and the building constructed on the land and the ground to the victim KRW 210 million from the Jincheon-gun, Jincheon-gun, Chungcheongnam-do, for the purchase and sale of the land and the building constructed on the land to the victim KRW 210 million. Since the Defendant received KRW 163,90,000 from April 27, 2016 to January 11, 2017 a total sum of KRW 163,90,000 as a contract deposit and intermediate payment between the purchaser and the purchaser, the duty of completing the registration of ownership transfer in the name of the purchaser.

Nevertheless, the Defendant was granted a loan of KRW 120 million from G Cooperatives around March 10, 2017 in violation of the foregoing duties, and the Defendant was established with the right to collateral security of KRW 156 million, the maximum amount of the claim against the said C and the land and building, thereby acquiring pecuniary benefits equivalent to the above money, and equivalent to the victim’s money.