beta
(영문) 인천지방법원 2013.10.17 2012고단9299

배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

As the representative director of C&A, the Defendant constructed a new building D(hereinafter referred to as “D building”) in Incheon reinforcement Group (hereinafter referred to as “D building”).

On January 28, 201, the Defendant decided to sell the D Building 103 302,000 won to the victim G at the F station office located in Incheon Strengthening-gun E, and the down payment of KRW 50 million to KRW 50,000,000 on the date of the contract and the remainder of KRW 50,000,000 to be paid at the time of the above loan occupancy, and the said 103 Dong 302 was being newly constructed. As such, the Defendant drafted a written agreement to move the D Building 101 101 Dong 101 302 at the time of the completion of the said 103 Dong 103 302.

In accordance with the above agreement, the Defendant received the down payment of KRW 50 million from the victim on the date of the contract, and KRW 50 million from the victim on March 2, 201, respectively, and completed the registration of establishment of a mortgage as KRW 110,50,000,000,00 from the victim on March 2, 201. Despite the fact that the Defendant had a duty to complete the registration of establishment of the said 103 Dong302, the Defendant violated his duty and completed the registration of establishment of a mortgage as to the said 103 Dong 302 around November 7, 201, at the Incheon District District Court Registry located in the Incheon Reinforcement-gun, Incheon, Incheon, Incheon, the registration of ownership as to the said 103 Dong 302, the mortgagee, the debtor C

Accordingly, the Defendant acquired property benefits equivalent to KRW 10,500,000 of the maximum debt amount, and caused property damage equivalent to the same amount to the victim.

Summary of Evidence

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Each police statement to G, H, I, and J;

1. Application of Acts and subordinate statutes to inquire of the head of each sales contract, written agreement, written confirmation on the result of electronic financial transfer, certified copy of the register, agricultural bank account number, and cashier's checks number;

1. Relevant provisions of the Criminal Act, Article 355(2) and (1) of the Criminal Act regarding criminal facts, and the Defendant’s damage caused by the instant crime for sentencing of sentence.