beta
(영문) 울산지방법원 2018.07.26 2018고단1580

배임등

Text

Defendant

A shall be punished by a fine of three million won and by imprisonment of four months for each of the defendants B.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Criminal facts

Defendant

A around July 14, 2009, a written performance statement to the effect that approximately 40 square meters (hereinafter “the access road of this case”) shall be sold to E among the land located in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “the access road of this case”) have been prepared and received KRW 20 million as the purchase price. As such, Defendant A is obligated to complete the registration of ownership transfer in sequence to the buyer E, E to the purchaser of the access road of this case, and F to the victim who subsequently purchased the access road of this case, respectively.

Defendant

A around August 2017, around A, Defendant B, etc., an ASEAN, and the access road of this case, are to complete the registration of inheritance to Defendant B and E on the grounds of inheritance due to the division of consultation, and accordingly, Defendant B completed the registration of ownership transfer on the whole land of this case by sharing with E around August 25, 2017.

As a result, the Defendants conspired in violation of their duties, thereby acquiring pecuniary benefits equivalent to KRW 20 million in the purchase and sale of the access road of this case, and causing financial damage equivalent to the above amount to the victims.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of a letter of performance, written consent to land use, written confirmation, and civil judgment;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 355(2) and (1) and 30 of the Criminal Act

1. Selection of punishment;

A. Defendant A: Selection of a fine

B. Defendant B: Imprisonment option

1. Defendant A who is detained in a workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Defendants on probation: The portion not guilty under Article 62(1) of each Criminal Act (i.e., reflectivity, agreement, Defendant A’s initial crime, and Defendant B’s recent 15 years of criminal records);

1. The summary of the facts charged against Defendant A and five children of Defendant B, etc. filed with the Ulsan District Court against Defendant A and his/her children, etc., and Defendant A among the access roads to the instant case on August 11, 2017 from the said court, lost the lawsuit claiming the registration of ownership transfer by the above court 2016 Ghana 56068.