배임
The defendant's appeal is dismissed.
The request of the applicant for compensation shall be dismissed.
1. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.
2. It is true that there are favorable circumstances such as that the defendant's mistake in depth is divided, that the above victims do not want punishment against the defendant, that the victim G, E, and the victim does not want the punishment against the defendant, that the actual damage caused by the crime of this case is not significant, and that there is no past record of any specific criminal punishment other than a fine once, but the defendant's responsibility for the crime of establishing a right to collateral security by violating the seller's duty as the seller on several lots of land in which he has already sold and has already received the remainder of payment. In the case of the victim K, the defendant's strong punishment against the defendant up to the trial. In full view of all the sentencing conditions as shown in the argument of this case, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the above assertion by the defendant is without merit. Thus, the above assertion by the court below is not reasonable.
3. The applicant filed a compensation order for damages for KRW 110,864,720 out of the amount of damages and delayed damages for them. However, the following circumstances acknowledged by the records of this case are as follows: ① The applicant for compensation received KRW 89,135,280 in the course of the voluntary auction of real estate concerning the land of this case and appears to have appropriated it as part of the amount of damages; ② there is room for dispute between the Defendant and the applicant as to the amount of the purchase price of the land of this case paid by the applicant for compensation and the method of appropriation thereof; ② there is room for dispute over the amount of the purchase price of the land of this case paid by the Defendant from the applicant for compensation, etc.
the order of compensation in criminal proceedings.