특정경제범죄가중처벌등에관한법률위반(배임)
Defendant shall be punished by imprisonment for not less than two years and six months.
except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 30, 2010, the Defendant was sentenced by the Seoul Northern District Court to two years of suspension of execution for the crime of forging securities, etc. on August 27, 2010, and operated the said company as the actual representative of D from around 1980 to March 2009.
Around September 18, 2007, D Co., Ltd. and the victim Newdoglar (hereinafter “victim Co., Ltd.”) entered into a sales contract with the content that they sell to the victim Co., Ltd., E and two parcels and their above ground buildings (hereinafter “the instant real estate”) from the office of the wife population D Co., Ltd., Ltd. and the victim Co., Ltd. (hereinafter “the victim Co., Ltd.”) around September 18, 2007.
At the time of the conclusion of the above sales contract, D and the victim company agreed to pay the remainder amount of KRW 408,320,000 on the date of the contract, KRW 1,224,960,00 on February 18, 2008, and KRW 2,449,920,000 on March 18, 2008 due to the payment of documents and redemption required for the registration of ownership transfer of the real estate in this case. On December 8, 2007, it paid KRW 2,50,000 out of the intermediate payment in advance and agreed to postpone the payment of the intermediate payment and the remainder payment. On June 3, 2008, the victim company paid KRW 250,000 as additional intermediate payment and completed the payment of the remainder payment, but paid the remainder amount of KRW 3,174,880,000 after the victim company obtained approval of the housing project for the purpose of implementing the housing project.
D Co., Ltd. received down payment of KRW 408,320,000 from the victim company on September 18, 2007, pursuant to the above initial agreement and the changed agreement two times, and received intermediate payment of KRW 250,000,000,000 on December 10, 2007, and KRW 500,000,000,000 on June 3, 2008. As such, the Defendant, the actual representative of D Co., Ltd., received the remainder from the victim company after obtaining business approval, and at the same time, received the remainder from the victim company.