배임
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On August 1, 2011, the Defendant entered into a contract with the victim F to sell approximately KRW 500 square meters (hereinafter “real estate subject to sale”) out of KRW 41,455 square meters (hereinafter “the instant real estate”) out of H 41,455 square meters (hereinafter “instant real estate”) owned by the Defendant to the victim F at the E Licensed Real Estate Agent Office located in Yongcheon-si, Yongcheon-si, 201, and received KRW 3 million as a contract deposit on July 15, 201, and received KRW 30 million as a down payment.
After that, on August 10, 201, the Defendant received KRW 30 million from the victim as an intermediate payment for the above sales contract, and on August 22, 2011, KRW 10 million from the victim under the pretext of partial remainder for the above sales contract. Therefore, the obligation of the victim to implement the procedure for ownership transfer registration for real estate subject to sale was generated.
Nevertheless, in violation of the aforementioned duties, the Defendant: (a) registered the creation of a mortgage on December 8, 201 with I as a mortgagee and with the maximum debt amount of KRW 345 million (230 million) with respect to the instant real estate; (b) registered the creation of a mortgage on January 17, 2012 with J as a mortgagee and with the maximum debt amount of KRW 177,64 million (the maximum debt amount of the secured debt amount of KRW 95,140,000) with respect to the instant real estate; and (c) registered the establishment of a mortgage on October 22, 2012 with K as a mortgagee and with the maximum debt amount of KRW 250,500,000 (the maximum debt amount of the secured debt amount of KRW 200,000) with respect to the maximum debt amount of KRW 20,000.
As a result, the Defendant acquired approximately KRW 5.60 million in the market value ( approximately KRW 12,562 x KRW 4.550,00 in the real estate of this case) equivalent to the secured debt amount of KRW 52,5140,00 in the real estate of this case (3.98% in the real estate of this case) equivalent to the secured debt amount of KRW 20,900,572 ( KRW 52,5140,00 in the real estate of this case x 3.98%) and sustained the damage equivalent to the same amount to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the Police Statement with F 1.